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New Hampshire Non-Solicitation Agreement

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New Hampshire Non-Solicitation Agreement

Updated October 16, 2023

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.

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. (Technical Aid Corp. v. Allen, 134 N.H. 1, 11 (N.H. 1991))

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)

Table of Contents

What Types of Solicitation Can Be Prohibited?

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 Should Be Included in the Agreement?

What should you include in a non-solicitation agreement.

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

1. Duration

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 Limit

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. Restricted Activities

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.

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