Whistleblowers protected under common law “public policy” tort, but remedy may be impacted by statute.
Employees filing a claim under the New Hampshire Whistleblowers’ Protection Act must first notify the employer of any violation before making the claim. Appeal of Bio Energy Corp., 135 N.H. 517 (N.H. 1992).
Frequently Asked Questions
Does New Hampshire have a False Claims Act (FCA)?
Yes, though the New Hampshire False Claim Act applies only to healthcare frauds under the state’s Medicaid program.
Does the New Hampshire FCA have a whistleblower provision?
Yes. A whistleblower under the New Hampshire False Claims Act may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention.
Does New Hampshire recognize the public policy exception for wrongful termination?
Yes. New Hampshire recognizes this exemption to their at-will employment doctrine. Employers may not terminate an employee for a reason that violates the public policy of New Hampshire.