While at-will employment undeniably gives employers a broad power to terminate employees, it’s not as comprehensive as many think. Even if an employer cites at-will employment, a termination motivated by illegal criteria could form the basis for a wrongful termination claim.
At-will employment is a standard adopted by most U.S. states that forms the basis of the relationship between most employees and their private sector employers. According to at-will employment, either the employer or the employee may terminate employment at any time, with or without cause, and with or without notice.
While it may seem like your boss can legally fire you for any reason, that’s not the case when the reason for your termination violates laws that prohibit certain forms of discrimination and retaliation. Employers that fire employees for such unlawful reasons can become liable for damages with legal action for wrongful termination.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons. These reasons might include discrimination or unlawful retaliation. Additionally, dismissals that breach an employment contract or violate public policy—such as firing an employee for refusing to participate in illegal activities—may also qualify as wrongful termination.
While many employees work under at-will employment, which generally allows termination at any time, wrongful termination laws establish boundaries employers must respect. These laws protect employees from unfair treatment and ensure that employment decisions are based on legitimate, lawful reasons.
Employees who feel they have been wrongfully terminated often have the right to seek legal recourse, which could potentially lead to compensation or reinstatement if they can demonstrate their dismissal was unlawful.
You Are Protected Against Discrimination
Various federal and state laws protect employees against discrimination. For example, discrimination laws under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act provide crucial protections to employees who feel they were fired because of their real or perceived association with a protected characteristic.
In New Hampshire, protected characteristics include the following:
- Race
- Color
- National origin
- Sex (including gender identity and sexual orientation)
- Religion
- Age (for those 40 and older)
- Disability (both physical and mental)
- Pregnancy
- Genetic information
- Marital status (protected under New Hampshire law)
It’s unlawful for an employer to consider any of these characteristics for any adverse employment action, including termination. If an employee suspects discrimination played a role in their dismissal, they should consult with an employment lawyer to learn more about their legal situation.
Retaliation for Protected Actions
Similarly, employers can’t fire employees who engage in certain activities that are protected by law.
Actions that the law protects include the following:
- Reporting safety violations
- Filing for workers’ compensation
- Forming or participating in a union
- Participating in workplace investigations
- Refusing to participate in illegal activity
- Reporting sexual harassment
Retaliation protections ensure that employees feel secure reporting unsafe or unlawful workplace practices. If you suspect retaliation, keep detailed records of your protected actions and note any signs that your employer’s behavior changed afterward. This documentation can be helpful if you pursue a claim.
Contact Us for Legal Assistance
Facing wrongful termination can be overwhelming, especially when you’re unsure of your rights under New Hampshire’s employment laws. Douglas, Leonard & Garvey, P.C. understands the stress and uncertainty that accompany a sudden loss of employment, and we are committed to helping you navigate the legal avenues available.
With our experience in handling cases of wrongful termination, discrimination, and retaliation, we can review your situation in detail, clarify your options, and guide you toward an equitable resolution.
Contact us today to discuss your case and protect your right to fair treatment in the workplace.