Severance Pay Laws in New Hampshire
New Hampshire has its own mini-WARN statute under RSA chapter 275, which generally tracks federal WARN's sixty-day notice requirement and covers employers with one hundred or more employees engaging in plant closings or mass layoffs. The state statute imposes administrative penalties on top of federal WARN remedies for willful violations. There is no state-level severance pay mandate beyond the federal WARN back-pay remedy for failure to give notice.
New Hampshire has no state income tax (and no general sales tax), which materially boosts the after-tax value of any severance package. For senior employees in finance, biotech, or tech, the difference compared with neighboring Massachusetts can be material across a multi-month package.
Final wages in New Hampshire are governed by RSA §275:44, which requires payment of all earned wages within seventy-two hours of an involuntary termination, or by the next regular payday in the case of voluntary resignation. Accrued vacation is wages if payable under company policy. The New Hampshire Department of Labor enforces the statute and may recover liquidated damages plus attorney's fees for willful nonpayment.
On non-competes, New Hampshire RSA §275:70 (effective 2022) prohibits non-competes for low-wage workers (those earning less than 200 percent of the federal minimum wage) and requires written notice of a non-compete obligation in any conditional offer of employment. For higher-earning workers, common-law reasonableness applies. The clause must protect a legitimate business interest, be reasonable in duration, and be reasonable in geographic scope.
On discrimination, RSA chapter 354-A applies to employers with six or more employees and provides protections across federal Title VII categories plus state-specific protections for sexual orientation and gender identity. The New Hampshire Commission for Human Rights administers state-level claims with a parallel private right of action.
How Much Severance Are New Hampshire Workers Owed?
New Hampshire employees in finance, biotech, and tech typically receive two to three weeks of severance per year of service for individual contributors, with the absence of state income tax adding to take-home value. Healthcare and manufacturing come in closer to the modeled midpoint.
Industry Benchmarks for New Hampshire
In New Hampshire, finance and biotech pay above the modeled midpoint; tourism and retail come in below.
Major industries
- · Healthcare
- · Manufacturing
- · Tourism
- · Technology
- · Finance
Major cities
- · Manchester
- · Nashua
- · Concord
- · Dover
- · Rochester
Frequently Asked Questions — New Hampshire Severance
Does New Hampshire have its own WARN Act?+
Yes, under RSA chapter 275, which generally tracks federal WARN's sixty-day notice requirement and imposes administrative penalties on top of federal WARN remedies for willful violations at covered employers with one hundred or more workers.
When is my final paycheck due in New Hampshire?+
Under RSA §275:44, an involuntary termination triggers payment of all earned wages within seventy-two hours. Voluntary resignations are paid on the next regular payday. Accrued vacation is wages if payable under company policy. Liquidated damages plus attorney's fees are available for willful nonpayment.
Are non-competes enforceable in New Hampshire?+
Under RSA §275:70 (2022), non-competes are prohibited for low-wage workers (earning less than 200 percent of federal minimum wage), and the employer must give written notice of any non-compete obligation in a conditional offer of employment. For higher-earning workers, common-law reasonableness applies.
Calculate for a nearby jurisdiction