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Employment Attorneys in Portsmouth, NH

Serving Portsmouth, Exeter, Dover, Newmarket & the NH Seacoast
You woke up this morning and didn’t know what to do next. Maybe you were handed a termination letter without explanation. Maybe your employer just slid a non-compete across the table and said sign or else. Maybe you’ve been raising concerns for months and now they’ve found a reason to push you out. If you’re in Portsmouth, Rockingham County, or anywhere along the NH Seacoast, you need answers today – not next week. Whitney Law Group’s employment attorneys are based right here in Portsmouth at 155 Fleet Street. That means your attorney understands the local business community: the Pease Tradeport employers, the Portsmouth Naval Shipyard contractors, the waterfront hospitality businesses near Market Square, and the growing tech corridor expanding into Newington and Greenland. We represent both employees and employers, which means we know exactly how the other side thinks and how to use that to your advantage.

Why Portsmouth Professionals Choose Whitney Law Group?

Whitney Law Group has a physical presence right in Portsmouth at 155 Fleet Street. Your attorney is already here, already familiar with the Seacoast business community and the New Hampshire courts where employment disputes are decided. Founder Mark M. Whitney brings 30+ years of employment law experience, including years spent on the management side at major Boston firms – representing the companies that employ executives and employees in exactly the kinds of disputes Seacoast professionals face. That background is now available to you. AV Preeminent rated by Martindale-Hubbell. 2025 Massachusetts Super Lawyer. The firm handles employment matters in both New Hampshire and Massachusetts, which is critical for Seacoast professionals whose employment agreements are often governed by MA law even when the work is performed in NH.

Client Reviews

"Mark Whitney is hands down the best non-compete attorney that I have experienced. I was a Vice President at a manufacturing company and I had an "iron clad" non-compete contract. I was trying to leave my employer to start my own business. I consulted with several attorneys and all of them were in agreement that I had no chance of getting out of this non-compete contract. I was referred to Mark Whitney from an investment banker that wanted to fund my startup business. After my consultation with Mark ... I knew I found the right lawyer to represent me. I quit my job and I hired Mark. He performed a miracle! I had a full release from my former employer in less than four weeks! I absolutely recommend Mark Whitney."
Scott
VP of Manufacturing Company
"When we needed to handle a matter, Mark came highly recommended (“Reach out to Mark. No question. He’s the best”). After working with Mark and his team, we wholeheartedly agree. Mark is incredibly knowledgeable, strategic, and extremely thorough in every regard. His style is direct yet empathetic, which was displayed when he helped guide us through the situation. What was also refreshing to experience was how Mark always kept things on track to meet our goals, which was appreciated as legal matters can get costly. In the end, the outcome was an extremely positive one and we will forever be thankful to Mark and Maureen for their help and their professionalism. If you ever are in need of a legal team, you need to work with Mark and the WLG team. No question, they are the best. Knowing that it had been a retaliation, I consulted 4 attorneys in New Hampshire, including some well known ones. They were all unwilling to represent me, but Mark stood up after hearing my story and knew that I could get better than what was offered. Through his work in the end I gained a substantial amount extra pay."
Dan Fitzpatrick
Program Development Leader
"EXCELLENT ADVICE DURING JOB ELIMINATION -- I reached out to Mark at the suggestion of a family member when I was worried that my employment of almost 19 years was possibly going to end due to a restructuring. I was able to make good decisions with his advice before, during and after my the eventual loss of my job. He assisted in consultation, review, and feedback on all of my interactions with my former employer critically during the severance package review. I would strongly suggest working with Mark as he was a true professional providing me the information and confidence I needed. I will surely recommend him to any other friends or family members from the Greater Boston, North Shore and Merrimack Valley if they should need legal services. He made me feel brave, empowered and supported during a really difficult time in my professional life."
Sarah
Investment Fund Manager, Securities Industry

New Hampshire & Massachusetts: A Key Distinction for Seacoast Clients

Many Portsmouth-area employers are headquartered in Massachusetts or use Massachusetts-governed employment contracts. This creates jurisdiction questions that affect which law applies, which courts have authority, and which filing deadlines govern. Whitney Law Group practices in both states and regularly advises Seacoast clients on NH versus MA law, including the critical difference between NH’s 180-day NHCHR filing deadline and Massachusetts’ 300-day MCAD deadline.

Portsmouth Practice Areas

Whitney Law Group handles the following practice areas for Portsmouth-area clients. Each links to a dedicated page with full detail on services, process, FAQs, and NH Seacoast-specific context.

Non-Compete Agreements

Non-compete disputes are common in Portsmouth’s business community across Pease Tradeport employers, Portsmouth Naval Shipyard contractors, and the growing Seacoast tech and professional services sector. New Hampshire’s non-compete law (RSA 275:70) imposes specific requirements: the agreement must be provided before an offer of employment is accepted, and restrictions must be reasonable in scope, duration, and geography. Agreements that don’t meet these standards may be unenforceable. Mark Whitney has led non-compete and restrictive covenant practices at major firms for 30+ years and represents both employees challenging restrictions and employers seeking to enforce them. If you’ve received a cease-and-desist or are about to sign a new non-compete, call before you make any move. Non-compete injunctions move fast in New Hampshire courts.

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Severance Agreements

Whether you work at a Pease Tradeport company, a Portsmouth area employer, or commute into Boston from the Seacoast, if you’ve been presented with a severance agreement, your employer has drafted it to protect their interests, not yours. Whitney Law Group reviews and negotiates severance packages for employees and executives in the Portsmouth area, typically within 48 hours. In the majority of cases, negotiation produces improved terms: more pay, equity protection, removal or narrowing of non-compete provisions, better COBRA terms, and agreed reference language. The 21-day review period under federal law exists for a reason. Use all of it, and use it to get legal counsel.

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Executive Employment

Executive Employment • Executive Compensation • Employee Equity Compensation • Executive Advocacy

Portsmouth and the NH Seacoast are home to a significant population of executives and senior professionals at Pease Tradeport companies, defense and government contractors near the Naval Shipyard, and in the regional financial services and healthcare sectors. Many commute to Boston for their roles while living on the Seacoast. Whitney Law Group provides strategic counsel for executives at every stage: offer letter and equity grant review on the way in, compensation and non-compete matters mid-tenure, and separation negotiations on the way out. Mark Whitney’s 30+ years on the management side of executive employment disputes gives Seacoast executives the same insider advantage as Boston clients, delivered from the firm’s Fleet Street Portsmouth office.

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Trade Secrets

Trade secret disputes on the NH Seacoast arise most frequently among Pease Tradeport technology and defense employers, Portsmouth-area professional services firms, and companies whose employees also work in or commute from Massachusetts. Because many Seacoast employees work for Massachusetts-based employers or under Massachusetts-governed contracts, trade secret matters here frequently involve both NH and MA law as well as the federal Defend Trade Secrets Act. Whitney Law Group has extensive experience in trade secret misappropriation, employee raiding, and unfair competition disputes on both sides, and can move quickly when the situation requires emergency court relief. Both employers and employees represented.

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Wrongful Termination

New Hampshire is an at-will employment state, but at-will doesn’t mean unlimited. NH RSA 275-E prohibits retaliation against employees who report illegal employer conduct. Federal law prohibits termination based on protected characteristics, including age, disability, gender, race, pregnancy, and national origin. And an employee fired in violation of an express or implied contract may have a breach of contract claim regardless of at-will status. If you were terminated shortly after raising a concern, requesting an accommodation, taking protected leave, or exercising a legal right — or if the stated reason doesn’t match your record — schedule a free consultation with Whitney Law Group. The NH Commission for Human Rights has a 180-day filing deadline, shorter than that of Massachusetts.

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Employment Discrimination

Portsmouth-area employees are protected by both New Hampshire law (RSA 354-A) and federal statutes including Title VII, the ADA, and the ADEA. New Hampshire’s Law Against Discrimination covers age, disability, sex, race, color, national origin, marital status, pregnancy, and sexual orientation, among other categories. The critical deadline for NH discrimination complaints is 180 days from the discriminatory act filed with the NH Commission for Human Rights — significantly shorter than Massachusetts’ 300-day MCAD deadline. Whitney Law Group handles discrimination and harassment claims before the NHCHR, the EEOC, and in state and federal courts in New Hampshire. Call as soon as an incident occurs. The deadline clock starts immediately.

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Employment Contracts

Employment Agreements • Nondisclosure Agreements • Non-Solicitation Agreements

Employment contracts, NDAs, and non-solicitation agreements are a routine part of employment in Portsmouth’s business community. They are frequently drafted under Massachusetts law even when the employee works in New Hampshire. Whitney Law Group reviews and negotiates the full range of employment-related agreements for Seacoast professionals: offer letters, employment agreements, consulting agreements, confidentiality and nondisclosure agreements, non-solicitation clauses, IP assignment provisions, and equity grant documents. A particular focus for Portsmouth-area clients: understanding which state’s law governs your agreement, and whether a choice-of-law clause in your contract is enforceable in New Hampshire.



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Employment Law for NH Seacoast & Portsmouth Area Companies

Whitney Law Group also represents employers in Portsmouth and throughout the NH Seacoast. Mark Whitney’s 30+ years of management-side experience translate directly to employer counsel: he has defended companies at the NHCHR, MCAD, EEOC, and in state and federal court, designed and implemented non-compete and restrictive covenant programs, drafted the full range of employment-related contracts, and provided compliance advice to companies without in-house HR functions.

Seacoast employers, from Pease Tradeport defense and technology companies to Portsmouth’s hospitality and professional services businesses, Naval Shipyard contractors, and small employers across Rockingham and Strafford counties, face the same employment law obligations as large corporations, with varying resources to navigate them. An added layer for NH employers: compliance obligations often span both NH and MA law when employees work across state lines or under Massachusetts-governed contracts. Whitney Law Group serves as an accessible outside counsel resource for employers who need practical, cost-conscious guidance before a problem becomes a claim.

 

Employer services include:
  • Defense of discrimination, harassment, and retaliation claims at the NHCHR, MCAD, EEOC, and in court
  • Non-compete and restrictive covenant program design and enforcement for NH Seacoast employers
  • Employment contract drafting and negotiation, such as, offer letters, employment agreements, severance, NDAs, and non-solicitation agreements
  • Day-to-day HR compliance advice for companies without in-house employment counsel, including NH/MA dual-state compliance
  • Workplace harassment and discrimination training; Mark is MCAD-certified as a trainer
  • Independent workplace investigations
  • Trade secret protection and misappropriation claims
  • Civil and business litigation beyond employment matters

For full details on employer-side services, see the Employment Law for Companies page.

Portsmouth Office Location

Whitney Law Group, LLC
155 Fleet Street
Portsmouth, NH 03801
(781) 631-4400

By appointment only.

Conveniently located: In downtown Portsmouth, just steps from Market Square and close to I-95, US-1, and nearby parking garages. Easily accessible from surrounding Seacoast communities, with nearby access to local courthouses and municipal offices.

Virtual consultations available statewide.

FAQs - Portsmouth NH Employment Law

Q: I work at a company on Pease Tradeport. Does New Hampshire law or Massachusetts law apply to my case?

Generally, NH law applies to work performed in New Hampshire, regardless of where your employer is headquartered. However, if your employment contract designates Massachusetts law, which is common with MA-based companies that have NH offices or remote employees, that choice-of-law clause may control contract claims. The distinction matters: NH’s non-compete statute (RSA 275:70), whistleblower protections (RSA 275-E), and the NH Law Against Discrimination (RSA 354-A) all have specific provisions and deadlines that differ from those in Massachusetts. Whitney Law Group practices in both states and will quickly identify which framework gives you the strongest position.

Q: What is the filing deadline for a discrimination claim in New Hampshire?

New Hampshire requires that discrimination complaints be filed with the NH Commission for Human Rights within 180 days of the discriminatory act, significantly shorter than Massachusetts’ 300-day MCAD deadline and shorter than the 300-day window available for some federal EEOC claims. If you work for a Massachusetts-based employer and have a claim under Massachusetts law, the longer deadline may apply. The key is to act quickly, regardless: evidence is preserved, witnesses are available, and your legal options are widest in the days and weeks immediately after an incident. Schedule your consultation with Whitney Law Group.

Q: How long does an employment law case take in New Hampshire, and what can I realistically recover?

It depends on the type of claim and the path taken. A severance negotiation often resolves in two to four weeks. A discrimination claim filed with the NHCHR typically involves a process of six months to two years before moving to court, though settlement often occurs earlier. Litigation in Rockingham Superior Court or federal court in Concord can extend two to three years. The majority of employment disputes resolve through negotiated settlements before any trial. What you can recover depends on the claim and the governing law: under the Massachusetts Wage Act (which applies to some Seacoast employees), successfully pursuing unpaid wages entitles you to treble damages plus attorneys’ fees. Under NH RSA 354-A and federal statutes, available damages include back pay, front pay, compensatory damages, and in some cases punitive damages and attorneys’ fees. Whitney Law Group gives every client a candid assessment of value and timeline at the initial consultation.

Schedule Your Free Consultation Today

Don’t navigate workplace disputes alone. Contact Whitney Law Group’s Portsmouth employment lawyers for a confidential consultation about your rights, options, and next steps.