New Hampshire at-will employment exceptions

Protected off-duty conduct

You cannot require employees or applicants to avoid tobacco outside work as a condition of the job, as long as they follow your workplace smoking policy. Source: gc.nh.gov↗ (opens in a new tab)

Other state protections

You cannot fire or punish an employee who in good faith reports a suspected legal violation, refuses to take part in one, or joins a government investigation. Employees can sue within 3 years. Source: gc.nh.gov↗ (opens in a new tab)

Notice before layoffs (state mini-WARN)

Employers with 100 or more employees must give 60 days' written notice before a plant closing (50+ job losses) or mass layoff (250+, or 25+ that are a third of full-time staff). Source: gc.nh.gov↗ (opens in a new tab)

Penalties

Missing layoff notice: back pay and benefits for up to 60 days, plus a fine of up to $2,500 and up to $100 per employee per day. No general wrongful discharge penalty in statute. Source: gc.nh.gov↗ (opens in a new tab)

The law and where to check

The law: No general at-will statute (court-made rule); RSA 275-E (whistleblowers), RSA 275-F (layoff notice) (opens in a new tab)

The agency: New Hampshire Department of Labor (opens in a new tab)

What federal law says

Federal law does not set a general rule on at-will employment, but it bars firing for many reasons, including discrimination, retaliation for complaints, taking FMLA leave, military service and union activity. Source: U.S. Department of Labor↗ (opens in a new tab)

At-will employment exceptions checklist for New Hampshire employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Say in your handbook and offer letters that employment is at will, and avoid promises of job security.
2. Make sure handbook wording does not create a contract (add a clear disclaimer).
3. Never fire someone for refusing to break the law, reporting wrongdoing, or using a legal right.
4. Write down the real, lawful reason for each firing.
5. Check federal and state anti-discrimination and leave laws before you act.
6. Pay final wages on time; see our final paycheck guide for your state.

More New Hampshire employment law guides

• All New Hampshire employment laws
• New Hampshire final paycheck law
• New Hampshire paid sick leave law
• New Hampshire meal and rest break laws
• New Hampshire overtime law
• New Hampshire pay frequency law
• New Hampshire vacation and PTO payout law
• New Hampshire new hire reporting

At-will employment exceptions laws in other states

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Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.