New Hampshire Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
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Is a Non-Compete Agreement Enforceable in New Hampshire?
In New Hampshire, non-compete agreements can be enforced as long as they meet specific standards laid out in state legislation. These standards include:
- A non-compete cannot be entered into by a low wage employee. Under the state statute, low wage is less than or equal to 200% of the federal minimum wage.
- Employees must be presented with a non-compete agreement before accepting the job offer. Any non-compete agreements given to the employee after acceptance will not be enforceable.
The two types of employees who are prohibited from entering non-compete agreements in New Hampshire are attorneys and physicians.
How Long Does a New Hampshire Non-Compete Agreement Last?
The Supreme Court of New Hampshire has determined that non-competes that last up to five years are reasonable and enforceable under certain circumstances. When determining reasonability of a non-compete term, courts will look at several factors like the geographic limitations and the type of work an activity prohibited by the agreement.
How Do You Get Around a Non-Compete Agreement in New Hampshire?
If an employee in New Hampshire wants to get around or terminate a non-compete agreement, they must show that the agreement is unreasonable. A non-compete is unreasonable when it is overly restrictive, puts an undue hardship on the employee, or causes injury to the public.
When terms are overly broad or unreasonable, a court has two options. They can either strike down the entire contract or they can modify the unreasonable term and enforce the rest of the contract. This is called blue penciling and can only be done when the employer has acted in good faith.
What Voids a Non-Compete Agreement in New Hampshire?
A non-compete agreement will be void in New Hampshire if it was signed by an employee under duress, coercion, or fraud. For a contract to be enforceable and valid, it needs to be entered into voluntarily.
Frequently Asked Questions
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Meet some of our New Hampshire Noncompete Agreement Lawyers
Christopher R.
Corporate and transactional attorney in sixth year of practice. Focus areas include general corporate counsel, labor and employment law, business partnership matters, securities matters related to privately-held companies, and regulatory compliance in securities and finance matters.
"Christopher has been incredibly helpful with our ongoing project!"
Nicholas M.
Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.
"Enjoyed his demeanor. Professional yet down to earth. The document created for me was very explicit and easy to read. I would recommend :)"
Charles D.
At DACC.Law, we deliver high-quality, practical legal solutions specifically for entrepreneurs, real estate investors, and growing businesses. With more than 25 years of experience, our firm handles everything from contract drafting and review to entity formation, deal structuring, and risk mitigation. Clients rely on us for clear guidance on regulatory compliance, navigating complex transactions (including multifamily, landlords, developers), resolving disputes efficiently, and protecting their business interests. We combine deep legal expertise with a hands-on, results-oriented approach so you can move forward with confidence.
Megan B.
20-year business lawyer with extensive experience ranging from Fortune 100 companies to small businesses.
Ross F.
I am an experienced technology contracts counsel that has worked with companies that are one-person startups, publicly-traded international corporations, and every size in between. I believe legal counsel should act as a seatbelt and an airbag, not a brake pedal!
Paul P.
With more than twenty years of experience, Attorney Paul Petrillo has written contracts, business agreements, wills, trusts and the like. Licensed in both New Hampshire and Massachusetts, Attorney Petrillo is regular user of remote and virtual communications and document exchanges, such as DocuSign, Adobe e-sign, as well as virtual meetings using Zoom and Webex, to make drafting contracts and communicating with clients quick and easy.
June 6, 2024
Michael P.
I have been licensed since 2006 and have extensive experience in family law, personal injury, criminal law, and general litigation. I have a solo practice and I am seeking new opportunities.
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Browse Lawyers NowLawyer Reviews for New Hampshire Noncompete Agreement Projects
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"Robert was very helpful and responsive. I had my questions answered and had suggestions on how to make the agreement more fair. I would definitely work with Robert again."
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"Paul was incredibly helpful in reviewing a non-compete agreement I needed to sign. He helped me understand the key risks, identify what was worth negotiating, and prepare redlines to bring the agreement more in line with Massachusetts law. He was knowledgeable, responsive, and practical throughout the process. I would definitely work with him again."
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"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."
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Contracts
Noncompete Agreement
Florida
Noncompete agreement and severance packages?
I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.
Diane D.
To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.
Employment
Noncompete Agreement
Delaware
Employee contract, such as non compete/non solicit, could having this contract ever result in criminal/jail time?
If someone accuses you of fraud, because they believe you never had intended to honor your employment contract such as non-compete/non-solicit. Could this ever become a criminal case, resulting in criminal/jail time?
Matthew S.
No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Employer
Noncompete Agreement
Connecticut
Can a noncompete agreement be waived?
I am a small business owner in the retail industry and I am looking to hire a new employee. The employee has a noncompete agreement with their previous employer that I am concerned about. I want to know if it's possible for the agreement to be waived so that I can be sure I'm making the right decision in hiring this employee.
Thomas L.
Yes, the parties to contracts can always agree to amendments and waivers. However, the former employer may have no interest in waiving the contract in this particular situation.
Contracts
Noncompete Agreement
Florida
Noncompete agreement choice of law?
I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.
Venus C.
Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.
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Doc Type: Non-Compete Agreement
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