New Hampshire Non-Solicitation Agreement

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Updated September 12, 2021

A New Hampshire non-solicitation agreement prohibits an employee from soliciting clients and other employees when they end their employment with their employer. Sometimes these agreements also address accepting new jobs and sharing confidential information with a direct competitor. These agreements are usually limited to specific services, locations, and periods of time and are used to protect a business’s interests in its market.

Legally Enforceable in “New Hampshire”?

Yes, but agreements must be reasonable and should not be more expansive than necessary to protect the legitimate business interests of employers. (See Technical Aid Corp. v. Allen, 134 N.H. 1, 11 (N.H. 1991), holding that an agreement prohibiting an employee from servicing any client who had sought the company’s services in the year before the employee left for eighteen (18) months after leaving the company was unreasonable, where the company had clients throughout the world that the employee would never have encountered during his tenure.)  Agreements must be provided as an addendum to an employment agreement before the potential employee accepts their offer of employment (NH RSA 275:70). They are not enforceable against physicians (NH RSA 329:31-a).