Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.
New Hampshire Employee Restrictive Covenants
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How to fill out Employee Restrictive Covenants?
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FAQ
Can an employee be fired without being given a reason or a notice? In New Hampshire, an employer can fire without giving a reason or a notice.
Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...
§ 354-A:13. Section 354-A:13 - Restrictive Covenants I. Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin is void.
New Hampshire is an employment-at-will state. This means that either party may terminate the employment relationship at any time, with or without cause, and with or without notice.
New Hampshire is an ?at-will? state, which means employers can generally fire their employees at any time and for any reason?with some important exceptions. Note that the state's at-will laws do not apply to union employees or those working on employment contracts.
The termination of an employee may be considered wrongful if it is based on: Discrimination ? An employer may terminate a worker based on the worker's race, religion, nationality, sex, gender identity, sexual orientation, or other facet of their identity.
All states (except Montana) and Washington DC are at-will employment states, but a majority of states have exceptions that tempers the nature of at-will status.
In New Hampshire, these types of contracts are narrowly interpreted by courts and somewhat disfavored. A court will only allow an employer to enforce a non-compete if the agreement is specifically tailored to protect the employer's legitimate business interests.
