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Old 05-25-2005, 12:44 PM
laborlaw laborlaw is offline
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Default New Hampshire Whistleblowers’ Protection Act Labor Law Poster

Protection is available to employees to report violations of law or refuse to execute illegal directives, participate in investigations, or hearings.

An employer can not discharge, threaten, or discriminate against any employee

IF the employee, in good faith, reports or causes to report an alleged violation OR participates in an investigation, hearing, or inquiry conducted by any government entity or any court

OR the employee refuses to execute a directive that violates any law or rule that violates any law or rule adopted by this state or political subdivision of the United States.

ONLY if the employee first brought the alleged violation to the attention of a person with supervisory authority unless the employee believes reporting to the employer is futile
RIGHTS AND REMEDIES
A hearing with the NH Labor Department that can result in a judgment to order reinstatement, payment of fringe benefits, seniority rights, and injunctive relief would be available

Only after the employee has made a reasonable effort to maintain or restore employee’s right through any grievance procedure available

And has filed the written complaint with the NH Labor Department.
DEFINITIONS
I. “Employee” means every person who may be permitted, required, or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment. Employee does not include an independent contractor.
II. “Employer” means an individual, partnership, association, corporation, legal representative, trustee, receiver, and trustee in bankruptcy, governmental entity, and any common carrier that employs any person. Employer shall include any person acting in the interest of an employer directly or indirectly.
III. “Governmental entity” means any branch, department, commission, bureau, agency, or agent of the government of this state or political subdivision of the state.

Inspection Division James D. Casey

THIS NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE
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