“What is a wrongful termination?” is a question that all employees should be asking if they have never heard of the term before. Wrongful termination in New Hampshire is firing an employee for an illegal reason, such as discrimination or retaliation. When workers are wrongfully terminated from their jobs, they may be able to file a legal claim against their employer. Employees wrongfully fired from jobs are under protection by state and federal employment laws. These laws dictate the reasons employers can terminate employees legally.
Workers wrongfully fired will need to prove that their employer broke a law in order to have a successful claim for unemployment discrimination. Confirming wrongful dismissal in New Hampshire becomes more complicated when considering at-will employment. After an employee is wrongfully terminated, he or she has to go through the filing process with the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Find out more about unlawful termination in NH by reading the below sections:
- Types Of Illegal Termination in New Hampshire
- Types Of Legal Termination in New Hampshire
- At-Will Employment Exceptions in New Hampshire
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in New Hampshire
- Filing a Lawsuit Against Your Employer in New Hampshire
New Hampshire Unemployment Resources
Types of Illegal Terminations in New Hampshire
Two types of illegal terminations of employment exist, those that are against state law and those that are against federal law. Of the two types of unlawful termination of employment, federal employment laws are universal to all states. Both types of illegal dismissal from employment are viable to take to the court as a lawsuit against the former employer.
One of the types of illegal firing by federal law pertains to discrimination. It is against federal law to fire an employee based on his or her race, sex, age, nationality, military status, religion or disability. When it comes to the types of illegal terminations in New Hampshire, employers do not have the right to terminate an employee after making a contract promising job stability or for following public policy. All types of unlawful terminations, whether based on federal or state laws, are legal grounds for a complaint against an employer.
Types of Legal Termination in New Hampshire
Many types of legal termination in New Hampshire allow company owners to fire at-will workers without penalty. There are plenty of legitimate, legal reasons for terminating employees in New Hampshire, and many of them may not necessarily seem fair to the worker. All types of legal firing are under the protection of the at-will employment law, which states that employers can fire a worker for almost any reason.
Types of legal dismissal of employment can include firing employees for poor work performance, tardiness, incompetence and altercations with coworkers. Workers terminated for any of these types of legal termination of employment reasons will not have a valid ‘cause of action’ for a discrimination case.
At-Will Employment Exceptions in New Hampshire
“What is employment at will?” and “Is New Hampshire an at will state?” are questions that all employees in New Hampshire should be asking if they have never heard the term before. Employment at-will means that employees have the legal right to quit for any or no reason and employers can fire employees for almost any reason as well.
However, at will employment exceptions in New Hampshire exist that protect the employee from illegal termination. It is imperative that workers are familiar with the exceptions to at will employment so that they can determine if they experienced an unlawfully termination.
There are two exceptions to at will employment in NH. New Hampshire has a public policy exception, which means that employers do not have the right to fire an employee for following state policies, like attending jury duty or filing a Worker’s Compensation claim.
Another one of the at will employment exceptions in New Hampshire is the implied contract exception. This exception prohibits employers from firing workers who are included in a work-related contract that promises job security. The state of New Hampshire does not recognize the covenant of good faith and fair dealing exception as Vermont does.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in New Hampshire
Many workers wonder how to file a charge of employment discrimination after experiencing termination due to prejudice or other unlawful reasons. Employees can file a wrongful termination discrimination charge if they have identified the law their former employer broke.
Filing a charge of discrimination in New Hampshire first requires the claimant to make a claim with the EEOC. The EEOC will determine if the termination was a true act of discrimination through an investigation.
In terms of how to file an EEOC employment discrimination claim, the claimant will need to file the complaint on the EEOC website, at a local office or through the mail within 180 days of the incident. The EEOC will try to mediate the situation before pursuing legal intervention.
If the mediation is unsuccessful, an investigation will begin. The EEOC will file a wrongful termination discrimination charge on behalf of the claimant if the investigation proves that the termination may have been due to an illegal bias. The EEOC will give the claimant a Notice of Right to Sue to officially file a lawsuit against the employer if the agency chooses not to pursue the case or cannot determine an employment violation.
Filing a Lawsuit Against Your Employer in New Hampshire
“Can I file a lawsuit for wrongful termination?” is a question that may run through the minds of many recently fired employees. Before former employees can file lawsuit against employers for wrongful termination, they must complete the discrimination charge with the EEOC and receive a Notice of Right to Sue.
Filing a wrongful termination claim against employers is easier and often more successful with the help of legal representation. It is incredibly important to be familiar with the processes of how to file a wrongful termination lawsuit because the ordeal may take a lot of time, money and resources.
When you file a lawsuit against your employer in New Hampshire, you will need to declare a “cause of action” or reason for filing the claim. Determine which law specifically identifies your illegal termination, whether it is employee discrimination or violation of public policy. When suing for wrongful termination in New Hampshire, you will also need to accumulate evidence supporting the claim, including eyewitnesses, written statements and other documents.
Last Updated: October 18, 2022