New Hampshire
New Hampshire Whistleblower Laws: Protections and How to Report
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 2 primary sources cited on this page. How we verify our legal content
New Hampshire protects employees from retaliation through both common law and the Whistleblowers' Protection Act, codified at RSA 275-E. Covered workers cannot be discharged, intimidated, or face altered employment terms for reporting a violation in good faith or refusing to participate in unlawful activity.
A Summary of New Hampshire Whistleblower Laws
Employees in New Hampshire can be discharged from work for any reason or no reason under what is known as the employment-at-will doctrine. However, employees can still seek protection through the state's statutory and common law protections. Statutory protections are laws that are enacted by the state's legislature to address specific subject areas, e.g., wage discrimination, whereas common law protections are laws created by courts to address areas not covered by the enacted laws.
This is a summary of New Hampshire Whistleblower Laws, make sure to check out the Federal Whistleblower Laws as well.
Whistleblower Rights in New Hampshire
Common Law Protections for Whistleblowers in New Hampshire
New Hampshire has a public policy that is used as a remedy to the employment-at-will statute. Employers are not allowed to discharge an employee for reasons that violate public policy. New Hampshire considers certain activities as protected activities under its public policy. This means employees cannot be discharged for engaging in a protected activity. Some of these activities include:
- Exercising a legal right.
- Reporting a violation of a law, rule, or regulation.
- Refusing to carry out an activity that may result in a violation of public policy.
Statutory Protections for Whistleblowers in New Hampshire
Whistleblowers' Protection Act
Employers are not allowed to discharge, intimidate, alter terms of employment, or in any way discriminate against an employee in retaliation for:
- Reporting in good faith a violation of a rule, law, or regulation.
- Refusing to participate in an activity that would result in a violation of a law, rule, or regulation.
- Participating in an investigation, hearing, or inquiry conducted by a governmental entity or court action, concerning the violation of a law, rule, or regulation by the employer.
N.H. Rev. Stat. Ann. § 275-E:2.
Also, employees cannot be retaliated against for refusing to execute a directive that is in violation of a law, rule, or regulation. N.H. Rev. Stat. Ann. § 275-E:3.
Public Employee Labor Relations
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Filing an affidavit or petition under this statute.
- Giving information or testimony under this statute.
Asbestos Management and Control
Employers are not allowed to discharge, discipline or in any way discriminate against an employee in retaliation for filing a complaint or instituting a proceeding related to asbestos management and control laws. N.H. Rev. Stat. Ann. §141-E:19.
Child Care Licensing
No child care agency or child-placing agency license holder is allowed to discharge, harass, or in any way discriminate against an employee in retaliation for reporting a suspected violation of provisions or rules under this statute. N.H. Rev. Stat. Ann. § 170-E:48.
Dog and Horse Racing Employees****
It is unlawful for an employer to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Filing an affidavit or petition under this statute.
- Giving information or testimony under this statute.
N.H. Rev. Stat. Ann. § 273-C:6.
Hazardous Waste Management
It is illegal to discharge or in any way discriminate against an employee in retaliation for disclosing a violation of hazardous waste management laws. N.H. Rev. Stat. Ann. § 147-A:12.
Crime Victim Employment Leave
No employer is allowed to discharge, alter terms of employment, threaten or in any way discriminate against an employee in retaliation for exercising his or her right to leave work under the Crime Victim Employment Leave Act. N.H. Rev. Stat. Ann. § 275:64. Under this act, employees who are victims of a crime have a right to leave work to attend court or other legal or investigative proceedings that are related to the prosecution of the crime. N.H. Rev. Stat. Ann. § 275:62.
Occupational Safety and Health
Employers are not allowed to take any adverse action against an employee in retaliation for exercising a right endorsed by this statute. N.H. Rev. Stat. Ann. § 277:35-a.
Toxic Substances
No employer is allowed to discharge, discipline, or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Exercising a right under this statute.
- Instituting a proceeding under this statute.
N.H. Rev. Stat. Ann. § 277-A:7.
Discrimination in the Workplace
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Making a charge or filing a complaint under this statute.
- Instituting a proceeding, hearing, investigation, or action under this statute, including an investigation conducted by the employer.
- Testifying or intending to testify or participating in any such investigation, proceeding, hearing, or action.
- Discussing his or her wages or those of another employee.
This statute does not apply to employees who have access to wage information of other employees as part of such employee's job description and who disclose such information to unauthorized individuals unless such disclosure is in response to a complaint or charge or aimed at assisting in an investigation, proceeding, hearing or action.
N.H. Rev. Stat. Ann. § 275:38-A.
Whistleblower Retaliation Claims in New Hampshire
Unless stated otherwise by a statute, wrongful retaliation suits should be filed within 3 years of the retaliatory action.
Whistleblowers' Protection Act
Aggrieved employees are required to bring a civil action suit under this statute within 3 years of the retaliatory action. Also, a complaint can be filed with the New Hampshire Department of Labor. However, aggrieved employees are required to first exhaust the grievance procedures that are available at the workplace before filing a complaint with the New Hampshire Department of Labor.
Dog and Horse Racing Employees
Complaints under this act should be filed with the public employee labor relations board.
Public Employee Labor Relations
Complaints under this act should be filed with the public employee labor relations board within 6 months of the retaliatory action. However, aggrieved employees are required to first exhaust administrative remedies provided by other statutes.
Occupational Safety and Health
Complaints under this act should be filed with the New Hampshire Department of Labor.
Toxic Substances
Complaints under this statute should be filed with the New Hampshire Department of Labor within 30 days of the retaliatory action.
Whistleblower Hotlines in New Hampshire
To file a complaint with the New Hampshire Department of Labor, call (603) 271-3176.
To file a complaint with the public employee labor relations board, call (603) 271-2587.
Whistleblower Retaliation and Violation Penalties in New Hampshire
Whistleblowers' Protection Act
In case the aggrieved employee brings a civil suit, the court may award the following reliefs:
- Reinstatement.
- Back-pay.
- Reasonable attorney fees and costs.
Also, in case the complaint is brought before the commissioner of labor, he or she may order:
- Reinstatement of the aggrieved employee.
- Payment of back pay.
- Fringe benefits and seniority rights.
- Any other appropriate relief.
Child Care Licensing
Any child care agency or child-placing agency license holder that carries out unlawful retaliation against an employee may be punished by license revocation.
Crime Victim Employment Leave
Employers who violate this statute may be liable for a civil penalty not exceeding $2,500.
Dog and Horse Racing Employees
If an employer is found guilty of violating this statute, the public employee labor relations board may award the aggrieved employee the following relief:
- Cease and desist order.
- Reinstatement to previous job position with back pay.
- Payment of costs incurred in negotiating.
- Plus any other appropriate relief.
Hazardous Waste Management
Employers who violate this statute may be liable to the aggrieved employee for:
- Injunctive relief.
- Compensatory and exemplary damages.
- Reasonable attorney's fees.
These are civil remedies under RSA 147-A:12. A separate provision, RSA 147-A:16, makes it a felony to knowingly violate the hazardous waste handling and management rules, but that criminal penalty attaches to the underlying hazmat violation, not to an employer's retaliation against a reporting employee.
Occupational Safety and Health
If the commissioner of labor determines that an employer carried out unlawful retaliation against an employee, he or she may order reinstatement of the employee or such other action as he or she deems necessary.
Public Employee Labor Relations
If an employer is found guilty of violating this statute, the public employee labor relations board may award the aggrieved employee the following relief:
- Cease and desist order.
- Reinstatement to previous job position with back pay.
- Payment of costs incurred in negotiating.
- Plus any other appropriate relief.
Toxic Substances
Employers who violate this statute may be liable for a civil penalty not exceeding $2,500. Each day the violation continues will be considered as an additional and separate offense.
Discrimination in the Workplace
Employers who violate this statute may be liable for a civil penalty not exceeding $2,500. Also, if the employer is considered a natural person, he or she may be found guilty of a violation or guilty of a misdemeanor if he or she is not considered a natural person.
More New Hampshire Laws
Updates
Corrected New Hampshire's hazardous-waste whistleblower section: retaliation against an employee under RSA 147-A:12 carries only civil remedies (injunctive relief, damages, attorney's fees). The felony penalty the page had attached to retaliation actually applies under RSA 147-A:16 to violations of the underlying hazardous-waste handling rules, not to retaliation itself.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 275-E WHISTLEBLOWERS' PROTECTION ACT
§ 275-E:2Protection of Employees Reporting Violations.In force
I. No employer shall harass, abuse, intimidate, discharge, threaten, or otherwise discriminate against any employee regarding compensation, terms, conditions, location, or privileges of employment because: (a) The employee, in good faith, reports or causes to be reported, verbally or in writing, what the employee has reasonable cause to believe is a violation of any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States; or (b) The employee objects to or refuses to participate in any activity that the employee, in good faith, believes is a violation of the law; or (c) The employee, in good faith, participates, verbally or in writing, in an investigation, hearing, or inquiry conducted by any governmental entity, including a court action, which concerns allegations that the employer has violated any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States. II. An aggrieved employee may bring a civil suit within 3 years of the alleged violation of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Appeal of Bio Energy Corp. (Supreme Court of New Hampshire 1992, 135 N.H. 517)“…intended that the “report” which triggers protection under RSA 275-E:2, 1(a) (Supp. 1991) includes the act of…”
- Clark v. N.H. Dep't of Emp't Sec. (Supreme Court of New Hampshire 2019, 171 N.H. 639)“…ng a violation of the Whistleblowers' Protection Act, see RSA 275-E:2, II (Supp. 2018), and the Public Employ…”
- Appeal of Osram Sylvania, Inc. (Supreme Court of New Hampshire 1998, 142 N.H. 612)“…tion; (2) Kijek failed to satisfy the statutory elements of RSA 275-E:2; (3) Kijek failed to follow the grievan…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 275-E:3Protection of Employees Who Refuse to Execute Illegal Directives.In force
No employer shall discharge, threaten or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has refused to execute a directive which in fact violates any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Appeal of Fred Fuller Oil Co. (Supreme Court of New Hampshire 2000, 144 N.H. 607)“…execute a directive which . . . violates any law or rule,” RSA 275-E:3 (1999); (2) ruling that Leonard was ter…”
- Appeal of Smithfield Dodge, Inc. (Supreme Court of New Hampshire 2000, 145 N.H. 23)“…tion two) when Ouellette’s complaint alleged a violation of RSA 275-E:3 (section three); (2) failing to address…”
- Appeal of Leonard (Supreme Court of New Hampshire 2002, 147 N.H. 590)“…section two, his findings actually supported a violation of RSA 275-E:3 (section three), a claim not brought by…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- N.H. RSA 275-E:2: protection of employees reporting violations (Whistleblowers’ Protection Act)(gencourt.state.nh.us).gov
- N.H. RSA 275-E:3: protection of employees who refuse to execute illegal directives(gencourt.state.nh.us).gov