Jury duty. An employer may not threaten, coerce, or fire an employee who has been summoned for jury service or who serves as a juror or attends court for prospective jury service (NH Rev. Stat. Sec. 500-A:14).
An employer that violates these provisions may be found in contempt of court. If the employee was discharged, the employer may be sued and ordered to pay lost wages, plus reasonable attorneys’ fees and court costs. The employer may also be ordered to reinstate the employee.
Court appearance. State law requires employers with 25 or more employees to provide unpaid leave to employees who are victims of certain crimes to attend court or other legal or investigative proceedings associated with the prosecution of the crime.
Before an employee may leave work, he or she must provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency.
An employer may limit the leave given if the employee's leave creates an undue hardship to the employer's business. “Undue hardship” means a significant difficulty and expense to a business.
Factors to consider when making this determination are the size of the employer's business, the employee's position and role within the business, and the employer's need for the employee.
Employers must maintain the confidentiality of any written documents or records submitted by an employee.
Employers may not discharge or otherwise discriminate against an employee who is a victim of a crime because the employee exercises his or her right to leave work under the law (NH Rev. Stat. Sec. 275:61, 62, and 63 et seq.).