HB559: relative to grounds for termination of employment.

HB 559 - AS AMENDED BY THE HOUSE

07Jan2004... 0022h

2003 SESSION

03-1040

06/10

HOUSE BILL 559

AN ACT relative to grounds for termination of employment.

SPONSORS: Rep. Holden, Hills 48; Rep. Bruno, Hills 45; Rep. DiFruscia, Rock 76; Rep. Baroody, Hills 54; Sen. Martel, Dist 18; Sen. D'Allesandro, Dist 20

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill protects a public employee from discharge or discrimination when the public employee has spoken about a matter that is of public interest concerning his or her employment. Protected speech does not include speech that divulges trade secrets, patents, or certain other confidential information, or information from a fiduciary relationship.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004... 0022h

03-1040

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to grounds for termination of employment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Employee Right of Free Speech Concerning Employment. Amend RSA 275 by inserting after section 275:60 the following new subdivision:

Protection of Employee's Right of Free Speech Concerning Employment

275:61 Definitions. In this subdivision:

I. "Employee" means any person employed by a public employer except:

(a) Persons elected by popular vote;

(b) Persons whose duties imply a confidential relationship to the public employer; or

(c) Persons in a probationary or temporary status, or employed seasonally. For the purposes of this chapter, however, no employee shall be determined to be in a probationary status who shall have been employed for more than 12 months or who has an individual contract with his employer, nor shall any employee be determined to be in a temporary status solely by reason of the source of funding of the position in which he or she is employed.

II. "Employer" means the state and any political subdivision thereof, the judicial branch of the state, any quasi-public corporation, council, commission, agency or authority, and the state university system.

III. "Governmental entity" means any branch, department, commission, bureau, agency, or agent of the government of this state or a political subdivision of this state.

275:62 Right to Speak Protected.

I. No employer shall discharge, threaten or, otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised the right of free speech including the public discussion of issues of public interest concerning his or her employment.

II. Without in any way limiting the rights and protections afforded to employees under RSA 275-E, the right of protected speech shall not extend to fiduciary relationships, the divulgence of confidential financial information, trade secrets, patents, or the personal or medical records of patients, clients, or other employees without the prior consent of the patient, client, or employee.

275:63 Remedies.

I. An employee who alleges a violation of the rights protected under RSA 275:62, may obtain a hearing with commissioner of labor or the commissioners' designee. Such hearings shall follow the procedures for hearings and appeals set out in RSA 275:51.

II. Following such a hearing the labor commissioner or the commissioners' designee shall render a judgment on such matter, and shall order as deemed appropriate reinstatement of the employee, the payment of back pay, fringe benefits, and seniority rights and any appropriate injunctive relief, or any combination of these remedies.

275:64 Limitation of Actions. Any employee who alleges a violation of the rights protected under RSA 275:62, shall report said violation to the commissioner within one year of the date when the violation occurred. Filing a report with the commissioner shall satisfy the requirements of this section.

2 Effective Date. This act shall take effect upon its passage.