Supreme Court of New Hampshire

Appeal of Wayne Preve

August 22, 2019

Summary

The Supreme Court of New Hampshire affirmed the Department of Labor’s decision that the Town of Epsom did not unlawfully retaliate against Police Chief Wayne Preve for filing a complaint against an attorney. The Court held that Preve failed to produce direct evidence that retaliation played a substantial role, so the DOL correctly applied the pretext analysis rather than the mixed‑motive framework. The opinion also restated the statutory standard of review for DOL findings.