A non-compete agreement is an employment contract that is written by the employer and designed to protect the employer. It generally attempts to prohibit an employee from competing with their business under certain terms after they have left the job. These contracts are meant to protect the intellectual property, confidential information, and good will of the employer.
A non-compete agreement will generally include terms that describe the types of activities the employee must avoid after leaving. It should also provide for a specific period of time and a geographic area in which the agreement is effective. Many times, a non-compete agreement will prohibit an employee from soliciting other employees or customers away from the employer. It also will likely include clauses to protect the confidential and proprietary information of the employer.
Non-compete agreements are standard in many industries, but that doesn’t mean that every non-compete agreement is enforceable. In fact, non-compete agreements are viewed differently by courts than other types of contracts. 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.
The validity of non-compete agreements in New Hampshire is evaluated on a case-by-case basis. When assessing the enforceability of a non-compete agreement, the details of the contract and employment are considered, along with the potential effects of enforcing the agreement. We can evaluate the terms of your non-compete agreement to determine if it is enforceable, what the limitation of enforceability may be, and assist you with negotiations with your employer, new employer, or any related employment law legal process.
At Upton & Hatfield, LLP, our legal team is experienced in representing employees in non-compete contract disputes. Navigating contract law can be complex, and our attorneys are here to help.
We can also advise you if you are thinking about signing a new non-compete agreement and help you negotiate the terms of the agreement. We can help you understand the terms of your non-compete agreement, advise you on whether the agreement can be enforced, and provide advice on how to proceed in your specific situation.
Our legal team is available to discuss your situation during an initial case evaluation. During this time, we can explore the details of your situation and begin crafting a legal strategy. We have decades of experience that we can use to help you, whatever the situation.
