Non-Solicitation Agreements in New Hampshire: Legal Guide
New Hampshire's Evolving Restrictive Covenant Law
New Hampshire enacted RSA 275:70 in 2019, which restricts non-compete agreements for low-wage workers (those earning hourly wages or whose annual compensation does not exceed 200% of the federal minimum wage). The law also requires employers to provide written disclosure of non-compete agreements before or at the time a job offer is made.
While the statute primarily targets non-competes, non-solicitation clauses remain governed by common law unless they are broad enough to function as non-competes.
Common Law Enforceability Factors
New Hampshire courts evaluate non-solicitation clauses using principles from cases like Technical Aid Corp. v. Allen and Concord Orthopedics v. Forbes:
- Reasonable scope: The restriction must be limited to customers the employee actually serviced or had significant contact with
- Reasonable duration: Courts have upheld restrictions of one to two years as reasonable
- Legitimate employer interest: The clause must protect established customer relationships, trade secrets, or confidential information
- Adequate consideration: The job itself is typically sufficient for new hires; additional consideration may be needed for existing employees
- Not unduly burdensome: The clause should not prevent the employee from working in their profession
Disclosure Requirement
Under RSA 275:70, employers must disclose non-compete provisions before or at the time of the job offer. While this requirement specifically addresses non-competes, it reflects New Hampshire's policy favoring transparency. A non-solicitation clause that was sprung on an employee after hiring, without notice, may face additional skepticism.
Red Flags
- No advance disclosure of the restriction
- Clauses imposed on low-wage workers that function as non-competes
- Scope extending to all company customers
- Duration exceeding two years
- No new consideration for agreements signed after the start of employment
When to Consult a Lawyer
Consider contacting a New Hampshire employment attorney if you are a lower-wage worker asked to sign a restrictive covenant, if you were not told about a non-solicitation clause before accepting your position, or if you are unsure whether your clause constitutes a non-compete under RSA 275:70.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.