New Hampshire Employment Law Attorneys

• Sexual Harassment: Cases involving unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or uncomfortable work environment.
• Discrimination: Cases involving discrimination in hiring, compensation, promotion, job assignments. Layoffs and terminations based on race, gender, age, disability, religion, national origin, gender identity and expression, sexual orientation, military service, or veteran status.
• Wrongful Termination: Cases involving an employee who is terminated for either doing something that public policy would support or refusing to do something that public policy would condemn.  If an employee is terminated for that reason, he/she may have a wrongful termination claim, and may also have a claim for violation of N.H. RSA 275-E, the Whistleblower Protection Act.
• Reasonable Accommodations: Cases involving an employer’s failure to provide reasonable accommodations for employees with disabilities, which is a legal requirement under the Americans with Disabilities Act unless it poses an undue hardship. 
• FMLA Leaves: The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Disputes can arise regarding eligibility, improper denial, or retaliation for taking FMLA leave.  Very specific requirements need to be met in order for an employee to qualify for FMLA leave, including the size of the employer.
• Violation of the Whistleblower Protection Act (N.H. RSA 275-E): When an employee reports illegal or what they reasonably believe is illegal behavior within an organization, and faces retaliation (like demotion, termination, or harassment) in response to their report.
• Equal Pay Act: Cases involving unequal pay or compensation, based on sex, for substantially similar work.
• Wage and Hour Violations: These involve disputes over minimum wage, overtime pay, meal and rest breaks, misclassification of employees (as exempt vs. non-exempt, or employees vs. independent contractors), and unpaid wages.
• Breach of Contract: When the employer fails to uphold the terms and conditions specified in an employment contract, leading to disputes over compensation, job duties, termination clauses, etc.
• Retaliation: Occurs when an employer takes adverse action against an employee for exercising their legal rights, such as filing a complaint, reporting violations, or participating in an investigation.
• Non-compete Agreements: Disputes or advice related to restrictions on an employee’s ability to work for competitors or to start his/her/their own businesses after leaving their current employer.
• Workplace Safety: Cases involving retaliation for reporting unsafe working conditions or an employer’s failure to comply with Occupational Safety and Health Administration (OSHA) regulations.
• Privacy Violations: Instances where an employer breaches an employee's privacy rights, such as unauthorized monitoring, accessing personal information, or disclosing confidential information.
• Employee Misclassification: Cases where workers are classified as independent contractors instead of employees, affecting entitlement to benefits, minimum wage, and overtime pay.
• Employment Tort Claims: These encompass various legal claims arising from employment relationships, including intentional infliction of emotional distress, defamation, or invasion of privacy.
• Severance Agreements: We help employees negotiate the terms of severance agreements offered by employers, or seek severance agreements from employers, following termination of an employee where no severance agreement has been offered.
• Internal Complaints and Investigations: Employers conduct internal investigations into employee internal complaints.  We help employees raise internal complaints and participate in the investigation process.  We also help employees who have been accused of unfounded allegations. 
• Unemployment Benefits: Cases where employees dispute the denial of unemployment benefits after separation from a job.
• Healthcare Professional Representation:  Matters and cases involving all levels of healthcare workers in the ever-changing, complex healthcare system.
• Contract Review:  This includes review and negotiation of all levels of employment contracts both before and after the contract is signed

Types of Employee Agreements

In some cases, employment law issues involve contracts between an employer and an employee. There are many different reasons why an employee may enter a contract with his/her employer. Employees should carefully consider employment contracts before agreeing to them. When either party violates a contract, litigation can ensue. 

We have extensive experience helping employees understand their employment contracts and the contractual rights they may have, and litigating disputes that arise from them.

Some types of employee-employer agreements include:

• General employment agreements
• Severance agreements
• Transition agreements
• Non-compete agreements
• Non-solicitation agreements
• At-will employment agreements
• Fixed-term and freelance agreements
• Commission agreements
• Confidentiality agreements

We Are Available for Consultations

We offer the following significant benefits for individuals facing employment-related issues:

• Experience with New Hampshire Employment Laws: We have a deep understanding of the Federal and New Hampshire-specific employment laws. 
• Legal Guidance and Counsel: We offer comprehensive legal guidance, whether it's regarding wage disputes, discrimination claims, contract negotiations, or other employment-related matters. Our experience allows us to navigate the complexities of the law and offer sound advice on the best course of action.
• Effective Representation: We provide strong representation in negotiations, mediations, and/or court proceedings. Our goal is to protect our clients' rights and interests, and to achieve favorable outcomes for our clients.
• Filing Claims with the New Hampshire Human Rights Commission and the EEOC: We help our clients draft claims to be filed with the New Hampshire Human Rights Commission and/or the EEOC. These filings are an administrative prerequisite to filing a lawsuit alleging discrimination, hostile environment or retaliation under state and/or federal employment discrimination laws.
• Filing lawsuits in NH Superior Courts and/or the Federal District Court in NH: We draft and file lawsuits alleging violation of state and federal employment laws, including but not limited to, the federal and state anti-discrimination statutes, wrongful termination, breaches of contract, violations of the Equal Pay Act, violations of the FMLA, violation of NH’s Whistleblower Protection Act (RSA 275-E), and other common law claims, including but not limited to, breach of privacy, intentional and/or negligent infliction of emotional distress, and others.
• Drafting and Reviewing Contracts: Our team assists in drafting, reviewing, and negotiating employment contracts.
• Personalized Attention: We understand that each case is unique. We provide personalized attention to our clients, taking the time to understand their specific circumstances and crafting legal strategies tailored to their needs.
• Staying Updated: Employment laws change, and staying abreast of these changes is crucial. We keep our clients informed about any relevant updates or changes in the law that may affect their cases.

At Upton & Hatfield, LLP, we are committed to providing top-notch legal representation and guidance in employment law matters in New Hampshire, striving to achieve the best possible outcomes for our clients.

If you are interested in speaking with our legal team, complete our contact form or call (603) 634-9560 to schedule a consultation with our employment law attorneys in New Hampshire.