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Laid off in New Hampshire: final pay, and what severance does not cover

A reduction in force is still a separation, and severance is not a substitute for wages already earned. In New Hampshire, a layoff is treated as a discharge: full payment within 72 hours.

If you were offered severance in exchange for a release, the release covers claims — it does not convert earned wages into a favour, and it does not move the statutory deadline.

Statute
N.H. RSA 275:44
If fired
When an employer discharges an employee, the wages must be paid in full within 72 hours (RSA 275:44, I).
If you resigned
When an employee quits or resigns, wages must be paid no later than the next regular payday (RSA 275:44, II).
Late-pay penalty
New Hampshire does not add liquidated damages to the employee's claim for a late final paycheck. The remedy is the wages through the Department of Labor or district court.
PTO
New Hampshire requires payout of accrued vacation only if the employer's written policy provides for it.
Small claims limit
$5,000 for an individual
Last verified
2026-11-03 single source

What to put in the file before you write anything

  1. The layoff notice or WARN letter, which usually states the separation date the employer will rely on.
  2. The severance agreement, read for two things: what it says about final wages, and whether it asks you to release the wage claim itself.
  3. Your accrual balance for PTO, and the employer policy that governs forfeiture in New Hampshire.
  4. Any commission or bonus plan document, because the payment date in the plan is what an employer will point to.

What the letter does that a phone call cannot

A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the New Hampshire Department of Labor, a small claims judge — starts from those three facts. The letter is built from N.H. RSA 275:44 and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.

If the amount fits inside $5,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.

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Questions

Does accepting severance waive my final paycheck in New Hampshire?

No. Severance is consideration for a release of claims; earned wages are already owed. A release that purports to cover unpaid wages is a separate question, and one worth reading carefully before signing.

Is my layoff deadline different from a firing in New Hampshire?

A layoff is treated as a discharge: full payment within 72 hours.

Other situations in New Hampshire

being fired · resigning · unused PTO · unpaid commissions · all New Hampshire rules

Reviewed 2026-11-03 against the sources listed on the New Hampshire page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.