Experienced New Hampshire
Wrongful Termination Attorney Fighting for You
Attorney Keith F. Diaz has spent 22 years representing employees who were fired illegally across New Hampshire — from workers retaliated against for reporting safety violations to employees forced out after filing discrimination complaints. He understands how employers use the "at-will" label to disguise unlawful terminations, and he knows how to prove it.
New Hampshire is an at-will employment state, but that does not mean your employer can fire you for any reason. Since the NH Supreme Court's landmark decision in Monge v. Beebe Rubber Co., 114 N.H. 130 (1974), every at-will employment relationship in New Hampshire carries an implied covenant of good faith — and when employers violate it through bad faith, malice, or retaliation, the law provides a path to accountability. Below, we explain how that covenant works, the specific elements you must prove in a wrongful discharge claim, what the law says about constructive discharge and whistleblower protections, what makes a strong case, and the types of damages you may be entitled to recover.
At Apis Law, every case starts with a free, no-obligation consultation. Keith will review the circumstances of your termination, explain your legal options, and give you an honest assessment of whether you have a viable claim. You pay nothing unless we win.
Serving clients throughout New Hampshire from our Goffstown office, including Manchester, Nashua, Concord, Bedford, and Keene.
20+ years handling NH employment cases | All five-star reviews from real clients | No fee unless we win — contingency basis only | Direct access to your attorney — you work with Keith, not a case manager
WHAT PEOPLE SAY
I reached out for advice on my situation regarding my past employer to 3 different attorneys. Attorney Diaz was the only one to get back to me and may I add quick too! After a short phone call I thought to myself, this is the guy. If I ever need to say "my lawyer will be in touch". It's Attorney Diaz. He was so helpful and knowledgeable. I needed a little guidance and we had a great conversation. Told me what I needed to hear, not what I wanted to. I had no false sense of security, he let me know my rights, the important information needed to make the right decision. He gave me enough information to take the next step on my own but was there if it didn't work out in my favor. He made me feel confident about that! I was in a difficult situation and he helped me get what I deserve with full confidence. Highly recommend his services. If I ever need him again, there will be no doubt in who I'm obtaining as counsel. Finally some positivity out of an unfavorable situation. Thanks again!
Amanda Ankiewicz
Keith Diaz was incredibly helpful in reviewing my termination paperwork and offered clear guidance on how to best move forward. He was quick to respond to my emails and always professional. I would highly recommend Apis Law to anyone seeking legal advice.
Gary Cook
If your looking for the best employment law attorney around, Keith is your guy. Keith is a very knowledgeable, and trustworthy attorney. His knowledge around wrongful termination and whistleblower cases is top notch. I highly recommend Keith, communication and trust are two of the most important things most clients look for when obtaining counsel, you get this with Apis law.
Kellie Hayes
My experience with Apis Law has been extremely positive in all aspects. My employment matter has been handled thoroughly, with no stone unturned. I am pleased, and very grateful for the close attention to detail provided by Apis Law.
Kevin Smart
The Implied Covenant of Good Faith
Every At-Will Employment Relationship Carries an Implied Duty of Good Faith
Under New Hampshire law, even in an employment-at-will relationship, there is an implied covenant that both parties will carry out their obligations in good faith. This is the legal foundation that makes wrongful discharge claims possible. Without this implied covenant, an employer could terminate any at-will employee for any reason whatsoever, including illegal ones.
The covenant of good faith means the employer cannot use the at-will relationship as cover for terminations motivated by bad faith, malice, or retaliation. When an employer fires someone for reporting illegal activity, refusing to break the law, or exercising a legal right, the implied covenant is violated. See Centronics Corporation v. Genicom Corporation, 132 N.H. 133 (1989); Monge v. Beebe Rubber Co., 114 N.H. 130 (1974).
Employee Handbooks Can Create Additional Protections
Terms in an employee manual or handbook may modify the at-will relationship between employer and employee. If a handbook contains promises about job security, progressive discipline, or termination procedures, those promises can become enforceable. However, an express waiver in the handbook stating that it does not create a contract of employment will prevent the handbook from modifying the at-will relationship. See Panto v. Moore Business Forms, Inc., 130 N.H. 730 (1988); Butler v. Walker Power, Inc., 137 N.H. 432 (1993).
Practical Tip: If you were fired and your employer had a handbook with progressive discipline policies, bring the handbook to your consultation. Attorney Diaz reviews whether the handbook language creates enforceable obligations the employer violated.
The Two-Part Test for Wrongful Discharge in NH
What You Must Prove to Win a Wrongful Termination Case
New Hampshire is an at-will employment state, meaning an employer can generally terminate an employee at any time, for any reason or no reason at all. However, the NH Supreme Court has recognized a critical exception since its landmark 1974 decision in Monge v. Beebe Rubber Co., 114 N.H. 130 (1974). When an at-will employee is fired in violation of public policy, the termination is actionable.
To prevail on a wrongful discharge claim in New Hampshire, you must satisfy a two-part test established by the courts and given to every jury in wrongful termination trials:
Part 1: Bad Faith, Malice, or Retaliation
You must show that your employer was motivated by bad faith, malice, or retaliation in terminating your employment. Under NH jury instructions, “malice” means ill will, hatred, hostility, or some evil motive. “Bad faith” is the opposite of good faith — an act done not by mistake but by some interested or sinister motive. “Retaliation” is the act of punishing a person for some wrong, real or imagined. Any one of these three motivations is sufficient to satisfy the first element. See Donovan v. Southern New Hampshire Univ., 175 N.H. 489 (2022); Leeds v. BAE Sys., 165 N.H. 376 (2013); Mackenzie v. Linehan, 158 N.H. 476 (2009).
Part 2: The Public Policy Exception
You must also demonstrate that you were fired because you performed an act that public policy would encourage, or because you refused to do something that public policy would condemn. Whether a public policy existed is a question of fact for the jury to determine from all the evidence.
The NH Supreme Court has provided clear examples of each. Acts that public policy encourages include reporting for jury duty, filing a workers’ compensation claim, attempting to lawfully organize a union, and participating in civic responsibilities. Acts that public policy condemns include submitting to the sexual advances of an employer, violating criminal laws, and performing acts that jeopardize someone’s safety. See Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915 (1981); Howard v. Dorr Woolen Co., 120 N.H. 295 (1980).
Key Point: Both parts of this test must be met. It is not enough to show that your employer acted with malice. You must also connect the termination to a public policy violation. And it is not enough to show you were fired for exercising a legal right — you must also show the employer’s motivation was improper. Attorney Diaz evaluates both elements from the first consultation.
Constructive Discharge — The Legal Standard
When Being Forced to Quit Counts as Being Fired
Some employers do not fire employees directly. Instead, they make working conditions so unbearable that the employee has no reasonable choice but to resign. New Hampshire law treats this as a “constructive discharge” — legally equivalent to being fired.
To prove constructive discharge under NH law, you must establish three elements:
Element 1: Job-Related Reason for Leaving
You must show that the reason you left your employment was in connection with or in relation to your job — specifically, that your working conditions were so difficult and intolerable that they drove you out.
Element 2: Reasonable Decision to Leave
You must show that your decision to leave was reasonable under all the circumstances. The test is objective: would a reasonable person have left under the same or similar conditions? The court looks at the totality of the circumstances, not just isolated incidents.
Element 3: Harm Caused by the Discharge
You must show that the constructive discharge caused you to suffer actual harm or damage — lost wages, lost benefits, emotional distress, or other measurable losses.
Importantly, relatively minor workplace abuse is not enough. The NH Supreme Court has held that the adverse working conditions must be “ongoing, repetitive, pervasive, and severe.” Isolated or trivial incidents do not rise to the level of constructive discharge. See Jeffery v. City of Nashua, 163 N.H. 683 (2012); Lacasse v. Spaulding Youth Ctr., 154 N.H. 246 (2006); Porter v. City of Manchester, 151 N.H. 30 (2004).
Timing Matters: A constructive discharge claim accrues when the employee tenders their resignation or retirement notice. Under Jeffery v. City of Nashua (2012), the statute of limitations begins running from that date. If you are considering resigning due to intolerable conditions, consult an attorney before you submit your notice to protect your legal rights.
Common Examples of Wrongful Termination in New Hampshire
Wrongful termination often follows a predictable pattern. Employees usually notice the problem only after the damage is done. As a New Hampshire wrongful termination lawyer, we regularly see the same unlawful conduct repeated across industries.
Discrimination-Based Firing
An employer terminates an employee because of age, race, gender, pregnancy, disability, religion, or another protected characteristic. Discrimination is not a lawful reason for termination under New Hampshire or federal law.
Contract Violations
An employer terminates an employee in violation of a written employment agreement or clear promises in an employee handbook that touch upon public policy. Employers cannot ignore binding terms simply because they claim at-will status.
Medical Leave Interference
An employee is fired after requesting FMLA leave, taking approved medical leave, or filing a workers’ compensation claim. Termination tied to medical rights often signals an unlawful motive.
Whistleblower Retaliation
An employer terminates a worker for reporting fraud, unsafe conditions, licensing violations, or other legal wrongdoing. New Hampshire law protects employees who report misconduct in good faith. Read about an Apis Law whistleblower case study.
Constructive Discharge
An employer creates a hostile or intolerable work environment and forces the employee to resign. The law can treat that forced resignation as a termination.
If you were terminated unfairly, you are not alone. As a New Hampshire wrongful termination attorney, Apis Law represents employees who were terminated for illegal reasons. Employers often claim they can fire at will. That is not always true. New Hampshire law protects workers from wrongful discharge based on bad faith, retaliation, and violations of public policy.
At Apis Law, our focus on New Hampshire wrongful termination law protects employee rights. We hold employers accountable when they cross the line. If you believe your termination was unlawful, speak with a New Hampshire employment lawyer who knows how to enforce your rights.
Whistleblower Protections Under RSA 275-E
Under RSA 275-E, an employer cannot discharge, threaten, or otherwise discriminate against an employee because the employee, in good faith, reports what they have reasonable cause to believe is a violation of any law or rule adopted under the laws of New Hampshire. See Clark v. New Hampshire Dep’t of Employment Security, 171 N.H. 639 (2019); Appeal of Hardy, 154 N.H. 805 (2007).
The Internal Reporting Requirement
The Whistleblower’s Protection Act includes a critical procedural requirement that many employees overlook: the employee must first bring the alleged violation to the attention of a person with supervisory authority within the employer, and then allow the employer a reasonable opportunity to correct the violation. This internal reporting step is required before the statute’s protections apply — unless the employee had a specific reason to believe that reporting to the employer would not result in a prompt remedy.
This means that if you report a legal violation to an outside agency or the media without first giving your employer a chance to address it internally, your whistleblower protections may be weaker. However, if you reasonably believed your employer would not fix the problem, for example, because the violation was directed by senior management, the internal reporting requirement may be excused.
Attorney Diaz’s Approach: In whistleblower cases, we carefully document the timeline: what you reported, to whom, when, and how the employer responded. This factual record is essential to establishing that you met the procedural requirements of RSA 275-E and that the termination was retaliatory.
What Makes a Strong Wrongful Termination Case in New Hampshire?
Not every firing is illegal. But some terminations clearly cross the line. A strong case usually includes facts that show the employer acted unlawfully, unfairly, or in bad faith. As a New Hampshire wrongful termination lawyer, we look for specific warning signs.
A case may be strong if your employer fired you because of your age, race, gender, disability, religion, or another protected trait. Discrimination is never a lawful reason to terminate an employee.
Retaliation for Reporting Misconduct
Employers may not fire workers for reporting illegal activity, safety violations, harassment, or fraud. If you were terminated after speaking up, retaliation may be involved. A wrongful termination attorney in NH can evaluate that timeline.
Violation of an Employment Contract
Some employees have written contracts or clear promises about job security. If your employer ignored those terms and fired you anyway, the termination may be unlawful.
You cannot be fired for filing a workers’ compensation claim, taking FMLA leave, requesting accommodations, or asserting other legal rights. Termination under these circumstances often supports a strong claim.
Damages in Wrongful Termination Cases
What You Can Recover in a NH Wrongful Termination Case
Lost Wages and Earning Capacity
If you were wrongfully terminated, you are entitled to recover the wages you lost as a result of the termination. If you found new employment at a lower salary, you can recover the difference between what you would have earned at your former job and what you are earning now — both past and future. See Porter v. City of Manchester, 151 N.H. 30 (2004).
Emotional Distress Damages
Damages for emotional distress are generally recoverable in a wrongful termination action under NH law. Losing your job through illegal conduct causes real psychological harm — anxiety, depression, loss of self-worth, and stress on family relationships. These damages are compensable. See Porter v. City of Manchester, 151 N.H. 30 (2004).
Liquidated Damages for Wage Violations
When an employer willfully and without good cause fails to pay an employee wages as required, a jury may award liquidated damages under RSA 275:44, IV. This can effectively double the unpaid wage amount. See Chisholm v. Ultima Nashua Industrial Corp., 150 N.H. 141 (2003).
Your Duty to Mitigate
If you are wrongfully terminated, NH law requires you to make reasonable efforts to find other employment to minimize your losses. You cannot recover for losses you could have prevented by seeking substantially similar work. However, the duty to mitigate is limited: you are only required to seek employment in your geographic area, and you are not required to accept work that is different from or inferior to your former position. The employer bears the burden of proving you failed to mitigate.
Practical Guidance: Start looking for comparable work as soon as possible after termination — and document your search. Keep records of every application, interview, and response. This protects you against the employer’s argument that you did not try to find a new job. Attorney Diaz advises clients on mitigation strategy from the first meeting.
Retaliation Claims — Beyond Wrongful Discharge
What Constitutes Retaliation Under NH and Federal Law
To prevail on a retaliation claim under either Title VII (federal) or RSA 354-A (New Hampshire’s anti-discrimination statute), you must demonstrate three elements: (1) you engaged in a statutorily protected activity, (2) you suffered an adverse employment action, and (3) the protected activity and the adverse action were causally connected. See Madeja v. MPB Corp., 149 N.H. 371 (2003).
Adverse Employment Actions Go Beyond Firing
An adverse employment action is not limited to termination. It can include demotion, pay reduction, reassignment to undesirable duties, negative performance evaluations, denial of promotion, or any action that materially changes the terms and conditions of employment. Even tolerating co-worker harassment against someone who filed a complaint can constitute an adverse employment action.
Employer Liability for Co-Worker Retaliation
This is a point most employment law pages miss entirely: an employer can be held liable for the retaliatory acts of a plaintiff’s co-workers if the employer’s supervisors knew or should have known of the co-worker’s retaliatory conduct and tolerated, condoned, or encouraged it. The plaintiff must show that the co-worker harassment was sufficiently severe and pervasive to alter the terms and conditions of employment. See Madeja v. MPB Corp., 149 N.H. 371 (2003).
Why This Matters: After you file a complaint or report misconduct, your employer has an affirmative obligation to prevent retaliation — including from your co-workers. If management looks the other way while colleagues freeze you out, sabotage your work, or create a hostile environment, the employer may be liable. Attorney Diaz investigates the full picture of post-complaint treatment, not just the termination itself.
Why Choose Apis Law for Your Wrongful Termination Claim
Choosing the right lawyer matters. Wrongful termination cases require judgment, experience, and a willingness to push back against employers who deny responsibility. As a New Hampshire wrongful termination lawyer, Apis Law focuses on results, not volume. Read about an Apis Law wrongful termination case study.
Choosing the right lawyer matters. Wrongful termination cases require judgment, experience, and a willingness to push back against employers who deny responsibility. As a New Hampshire wrongful termination lawyer, Apis Law focuses on results, not volume.
Thorough Case Evaluation
We do not take every case. We take the right cases. Each wrongful termination claim receives a careful review of facts, timing, and legal exposure. If we accept your case, it is because we believe it has merit and is worth pursuing.
Comprehensive Legal Support
We handle your case from start to finish. That includes investigation, strategy, negotiation, and litigation when necessary. You will understand where your case stands and what comes next. We do not leave clients guessing.
Local Knowledge, Statewide Reach
Based in Goffstown with a second office in Bedford, Apis Law represents employees throughout New Hampshire. We serve clients in Manchester, Concord, Nashua, Keene, Portsmouth, and surrounding communities. Our local insight strengthens our statewide practice.
Wrongful Termination Attorney Serving New Hampshire Communities
Apis Law represents employees in wrongful termination matters throughout New Hampshire. Our offices are located in Goffstown and Bedford, and we serve clients across the state. You do not need to be located near our office to obtain experienced legal representation.
We regularly represent employees in the following communities:
Manchester | Nashua | Concord | Bedford | Hooksett | Merrimack | Londonderry | Derry | Bow | Keene | Peterborough | Milford | New Boston | Auburn | Portsmouth and surrounding areas.
Whether you work for a small local employer or a large corporation, your rights are the same under New Hampshire law. If you were wrongfully terminated anywhere in the state, a New Hampshire wrongful termination lawyer at Apis Law can evaluate your case and advise you on next steps.
About the Author
Keith F. Diaz, Esq. | New Hampshire Bar No. 15831
Attorney Keith F. Diaz has practiced law in New Hampshire since 2003. He began his career as a criminal prosecutor in Rockingham County before transitioning to civil litigation in 2005. Today he represents individuals in personal injury and employment law matters throughout Southern New Hampshire. He is admitted to practice before the New Hampshire Supreme Court, the New Hampshire Superior and Circuit Courts, and the United States District Court for the District of New Hampshire. He founded Apis Law in 2022.
Frequently asked questions
Schedule Your Wrongful Termination Consultation
If you were wrongfully terminated from your job in New Hampshire, do not wait. Employment claims are subject to strict deadlines, and delay can permanently limit your legal options.
Speak directly with a New Hampshire wrongful termination lawyer at Apis Law. We will evaluate your situation, tell you whether your case is legally viable, and explain your next steps. If we take your case, it is because we believe in it.
Call: 603-785-1013
Email: keith@apislaw.com
Offices:
470 Mast Road, Goffstown, NH 03045,
3 Executive Park Drive, Suite 201, Bedford, NH 03110