Wrongful Termination for Jury Duty or Crime Victim Court Appearances in New Hampshire
Under N.H. Rev. Stat. Ann. § 275:62 and N.H. Rev. Stat. Ann. § 500-A:14, employers are strictly prohibited from firing, threatening, or penalizing employees who miss work to attend court for jury duty or to appear as a crime victim.
Fulfilling your civic duty or seeking justice as the victim of a crime should never cost you your livelihood. In New Hampshire, the law recognizes that the justice system collapses if citizens are too terrified of losing their jobs to appear in court. Whether you are called to serve on a jury in Dover, subpoenaed as a witness in Laconia, or attending a protective order hearing in Lebanon, your job is shielded by specific state statutes.
Despite these clear protections, some employers still attempt to intimidate workers, force them to use vacation time unlawfully, or outright terminate them for their absence. If you have faced retaliation for attending a mandated court appearance, it is crucial to consult with a local attorney from our directory who can help you enforce your rights and demand restitution.
Step-by-Step Process in New Hampshire
If your employer threatens you or terminates you due to your court obligations, taking systematic steps will build a strong legal case.
Step 1: Providing Advance Notice
The law requires you to act responsibly. As soon as you receive a jury summons or a subpoena, you must provide a copy of the official court document to your HR department or supervisor. Failing to provide reasonable advance notice can weaken your legal protections.
Step 2: Attending the Court Proceeding
Attend your required court date. Make sure to obtain a letter or a stamped document from the court clerk proving your attendance and the duration of your required presence.
Step 3: Documenting Employer Retaliation
If you return to work and find you have been demoted, your hours have been slashed, or you are handed a termination letter, ask for the reasoning in writing. Keep a detailed log of any verbal threats your manager made regarding your court absence.
Step 4: Filing a Civil Lawsuit
If your rights were violated, your attorney will draft a Form NHJB-2688-Se, New Hampshire, Superior Court, Complaint. This will be filed in the relevant court, such as the Strafford County Superior Court, Dover, citing violations of state protective statutes.
Serving on a NH State or Federal Jury
Jury duty is the cornerstone of the American legal system. Under N.H. Rev. Stat. Ann. § 500-A:14, an employer shall not deprive an employee of employment, or threaten or coerce them, because the employee receives a summons, responds to it, or serves as a juror. If an employer violates this law, they can be held in contempt of court and may be forced to pay you lost wages, damages, and attorney's fees. This protection applies equally whether you are serving at a local state courthouse or at the U.S. District Court for the District of New Hampshire, Concord.
Responding to Subpoenas
Similarly, if you are not a party to a lawsuit but are served with a subpoena to testify as a witness, your employer cannot legally punish you for attending. Subpoenas are court orders. An employer who fires you for obeying a court order is directly violating public policy. New Hampshire courts, as seen in precedents like Cloutier v. Great Atlantic & Pac. Tea Co., 121 N.H. 915 (NH Supreme Court 1981), heavily frown upon employers who interfere with judicial processes or public duties.
Domestic Violence Survivors Attending Protective Order Hearings
Crime victims are afforded incredibly strong protections in New Hampshire. Under N.H. Rev. Stat. Ann. § 275:62, employers with 25 or more employees (as defined in N.H. Rev. Stat. Ann. § 275:61) cannot discriminate against or discharge an employee who is a victim of a crime for leaving work to attend court or legal proceedings related to that crime. This is especially vital for survivors of domestic violence who must miss work to attend hearings for protective orders. If you are fired for missing a shift to secure a restraining order against an abuser, your employer is in direct violation of state law and can be sued for wrongful termination.
How Much Does it Cost in New Hampshire?
Enforcing your rights under these statutes is typically handled on a contingency basis, meaning you will not pay hourly fees to your lawyer.
| Cost Category | Estimated Expense | Who Pays Upfront? |
|---|---|---|
| Initial Case Evaluation | $0 | N/A |
| Civil Court Filing Fees | $325 | Attorney (Usually) |
| Attorney Fees | 33% of Settlement | Deducted at the End |
How Long Does the Process Take?
Because statutory violations for jury duty or crime victim retaliation are very clear-cut, employers often prefer to settle these cases quickly to avoid angering a judge. A strong demand letter from your attorney can sometimes resolve the matter in 2 to 4 months. If the employer refuses to settle, litigating the case through the Superior Court system may take 12 to 18 months.
Does my employer have to pay me while I am on jury duty?
Under New Hampshire law, employers are not required to pay you your regular salary while you serve on a jury unless you are a salaried (exempt) employee who worked any part of that week, or if you have a specific union contract stating otherwise.
Can my boss force me to use my vacation days for court?
It depends on the proceeding. For jury duty, an employer cannot coerce or penalize you for attending. However, under N.H. Rev. Stat. Ann. § 275:62, IV, if you take leave to attend court proceedings as a crime victim, your employer has the legal right to require you to use your accrued paid vacation, personal, or sick leave.
What if I work the night shift and have court during the day?
The law protects your right to rest. If you are required to serve a full day on a jury, your employer generally cannot force you to work a grueling night shift immediately before or after your service, as it undermines the judicial process.
Who counts as a 'crime victim' under NH law?
Under N.H. Rev. Stat. Ann. § 275:62, a victim includes the person who suffered the direct harm, as well as their immediate family members if the primary victim is a minor, incompetent, or deceased.
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