New Hampshire Non-Solicitation Agreement

Is It Legally Enforceable in New Hampshire?

Yes. However, the agreements must be reasonable and should not be more expansive than necessary to protect the legitimate business interests of employers.^[1]

Agreements must be provided as an addendum to an employment agreement before the potential employee accepts their offer of employment.^[2]

They are not enforceable against physicians.^[3]

Types of Solicitation to Prohibit

In New Hampshire, a non-solicitation agreement can be used to restrict an employee from recruiting or soliciting the employer’s:

Former or current clients
Former or current employees
Independent contractors
Business associates, suppliers, etc.

What to Include

What should you include in a non-solicitation agreement.

A non-solicit covenant typically includes limitations with regard to:

1. Time Restraint

While New Hampshire does not have any statutes dictating how long a non-solicitation covenant can be enforced, the duration of the contract should be considered reasonable and necessary to protect the business interests of the employer.

2. Geographical Restraint

A restrictive covenant typically specifies the location or area where the terms of the agreement apply. Usually, it is limited to the city or county where the employer is based.

3. Specific Action

This section defines the scope of restricted activities as part of the agreement. For example, one covenant may prohibit the individual from contacting specific employees or clients, while another agreement may restrict the individual from contacting all parties affiliated with the employer.