New Hampshire Non-compete Agreement Template

The Non-Compete Agreement (also called NCA) is an agreement between an employee and a company aimed at protecting classified company information from dissemination.

In our age of information and its rapid dissemination, many people and businesses consider knowledge to be their main asset and investment. Therefore they want to protect it carefully.

A non-compete template is one way of protecting the business of a company, and it helps to maintain secrecy regarding confidential information, business processes, customer lists, and more.

New Hampshire Non-Compete Agreement Form

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The company is obliged to notify the employee (before hiring) about their policy, according to the confidentiality of proprietary information. This document clears up the ambiguity regarding the use of information outside the workplace. The employee receives precise instructions about what they can and cannot talk about, what data he or she can use after leaving, and for how long the agreement is valid. To some extent, this agreement also protects the employee because the question is removed when the company can unfairly accuse them of disclosing classified data. All paragraphs must be agreed upon in advance.

The NCA makes it easier for the company to protect its knowledge because, with the help of this document, it is possible to prohibit the employee from disseminating pre-agreed data or using it to the detriment of the company for a certain period.

Another purpose of this agreement is to protect the company from unfair competition.

In New Hampshire, this agreement is governed by state law. Each state of the United States has its own peculiarities of drafting and applying a non-compete agreement, but in general, they are approximately the same.

In New Hampshire, NCA includes two parties:

  • an employee (or contractor organization)
  • employing company

The agreement is concluded between them, and it should clearly describe the conditions under which it will apply, what specifically the prohibitions will apply, and include dates and signatures.

Let’s take a closer look at the constituent parts of a non-compete form in New Hampshire and what you should pay attention to when drawing up or signing this NCA:

Non-compete/Non Disclosure

The company chooses what restrictions it wants to put on the employee. You can select all parts, or several, or only one. Restrictions may apply to:

  1. Business practices. The inability to provide the same or similar services or goods, the exclusivity of work with this company.
  2. Clients and customers. Working and communicating with the company’s clients or customers.
  3. General competitors. Competing with the company by participating in paid or unpaid activities.
  4. Specific Competitors. A specific list of competitive companies with which the employee cannot work.
  5. Employees. A ban from hiring or partnering with former or current company employees.

Terms and Conditions

It is worth thinking about how this document will be applied and noting this in the agreement:

  1. The period of its validity, during which the agreement will be observed by the employee, and its violation will entail sanctions.
  2. Whether the employee will be given the option to repurchase him from his NCA compliance obligations.
  3. The geographical area where the agreement is to be observed.
  4. The penalty applied for violating each clause of this agreement.

Signatures and Dates

Since this is an official document, it is imperative that both NCA defendants append their signatures and dates.

New Hampshire NCA Laws and Restrictions

Each state of the United States has its own laws governing the NCA and its composition or terms of the document. In New Hampshire, this agreement is governed by Section 275: 70 of the New Hampshire Revised Statutes.

This section states that the employer must provide the prospective employee with a copy of the non-compete agreement before hiring them. Then, when both parties sign the NCA, it is considered completely legitimate and fully executed.

If the employer did not notify the employee about such a document and did not provide them with a copy on time, then it is impossible to demand the fulfillment of non-competition conditions. However, the rest of the conditions regarding the confidentiality of the company will still be binding. They can also be specified in the employment agreement.

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Published: Apr 1, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.