New Hampshire Employment Contract Review
New Hampshire regulates the timing of a non-compete as much as its content. Under RSA 275:70, an employer must hand a new hire a copy of the actual agreement before the job offer is accepted, or the non-compete cannot be enforced. A separate section bans non-competes for low-wage employees, and the state's final-pay statute sets one of the tighter deadlines in New England.
Non-compete in New Hampshire
Limited, enforceable only in narrow cases
Are non-competes enforceable in New Hampshire?
Here is New Hampshire non-compete law in plain English, with the statute it rests on.
Banned for low-wage employees and requires advance notice before a job offer is accepted. Otherwise must be reasonable.
Governing law: New Hampshire RSA 275:70 and 275:70-a.
Whatever the label in your contract, New Hampshire courts look at whether the restriction is reasonable in duration, geography, and scope. A nationwide, multi-year, whole-industry ban is far more likely to be narrowed or struck down than a narrow one.
Who owns what you invent in New Hampshire?
New Hampshire does not have a specific personal-invention carve-out statute, so a broad IP-assignment clause can reach more of what you create, potentially including side projects. Read the assignment scope and push to limit it to work actually related to your job.
Arbitration and class-action waivers in New Hampshire
New Hampshire generally follows the federal rule that arbitration agreements are enforceable. Before you sign, check whether the clause is mutual and whether it waives your right to a class or collective action, you are usually giving up the right to sue in court.
What does New Hampshire require before you accept an offer?
If an employer requires a new hire to sign a non-compete as a condition of employment, RSA 275:70 says it must provide a copy of the agreement before the employee accepts the offer. Mentioning in an offer letter that a non-compete will follow is not enough; the agreement itself has to be in your hands. If the employer skips this step, the non-compete is unenforceable, though the rest of the employment agreement remains in effect.
RSA 275:70-a, in force since September 2019, voids non-competes for low-wage employees, defined as those earning an hourly rate at or below 200 percent of the federal minimum wage. At today's $7.25 federal rate that is $14.50 an hour. A 2026 bill, HB 1188, would have raised the line to 500 percent, but it died without passing, so the 200 percent test still applies.
How quickly must a New Hampshire employer pay you when you leave?
Under RSA 275:44, an employee who is discharged must be paid in full within 72 hours. An employee who quits is paid on the next regular payday, or within 72 hours if the employee gave at least one pay period's notice. A late payment can expose the employer to liquidated damages on top of the wages owed.
If your offer promises a bonus or commission, check exactly when it counts as earned, because that definition decides what belongs in the final check under New Hampshire law.
New Hampshire sources checked 2026-10-09: N.H. RSA 275:70, noncompete agreements · N.H. RSA 275:70-a, low-wage employees · McLane Middleton, the basics of NH law on restrictive covenants · Citizens Count, HB 1188 (2026) status · J. J. Keller, Final paycheck: New Hampshire (RSA 275:44). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a New Hampshire employment contract
- Non-compete enforceability under New Hampshire law and whether the scope is reasonable
- IP / invention-assignment scope and any personal-time carve-out
- Mandatory arbitration and class-action waiver
- At-will terms and asymmetric notice or severance
- Equity vesting, cliffs, and bad-leaver forfeiture
- Discretionary bonus criteria and clawback provisions
New Hampshire employment contract FAQ
Are non-competes enforceable in New Hampshire?
In New Hampshire, non-competes are enforceable only in limited circumstances under New Hampshire RSA 275:70 and 275:70-a. Banned for low-wage employees and requires advance notice before a job offer is accepted. Otherwise must be reasonable.
Can my New Hampshire employer own inventions I make on my own time?
New Hampshire does not have a specific statute carving out personal-time inventions, so a broad IP-assignment clause can reach more of what you create. Read the assignment scope carefully and ask to limit it to work related to your job.
Do I have to sign a mandatory arbitration agreement in New Hampshire?
New Hampshire generally follows the federal rule that arbitration agreements are enforceable. Check whether the clause is mutual and whether it waives your right to a class action, and know that you are usually giving up the right to sue in court. Everywhere in the US, the federal Ending Forced Arbitration Act lets you take sexual harassment and sexual assault claims to court even if you signed one.
What makes a non-compete reasonable in New Hampshire?
New Hampshire does not set a presumptive maximum term, so reasonableness is assessed on the whole restriction rather than against a number: how long it runs, how much geography it covers, how broadly it defines the restricted activity, and whether it protects something the employer can genuinely claim an interest in. A restriction that is narrow on one of those and broad on the rest is still vulnerable.
What if I work in New Hampshire but my employer is in another state?
It matters, because New Hampshire's neighbours do not all treat non-competes the same way: Vermont (generally enforceable). Which state's law applies turns on the governing-law and venue clauses in your contract and on where the work is actually performed, so those two clauses are worth reading closely before you sign.
If a New Hampshire non-compete is too broad, does it get narrowed or thrown out?
Courts may rewrite an overbroad restriction to something reasonable. That cuts against you: an employer has little to lose by drafting wide, because a court can pare the clause back rather than discard it. Negotiating the wording before signing matters more here than in states where an overbroad clause simply fails.
What else should I check in a New Hampshire employment contract?
Beyond the non-compete: how invention assignment is worded and whether it reaches work done on your own time; whether disputes go to arbitration and whether class actions are waived; whether notice periods are symmetrical between you and the employer; and how any equity vests, including what happens if you leave before a cliff.
I got the non-compete on my first day in New Hampshire. Is it enforceable?
Probably not, if you were a new hire and signing it was a condition of the job. RSA 275:70 requires the employer to give you a copy before you accept the offer. A non-compete first presented on day one, after you already accepted, fails that test. The rule is aimed at new hires, so a non-compete offered later in exchange for a promotion or raise is analyzed differently.
Does New Hampshire treat physician non-competes differently?
Yes. New Hampshire has a separate statute, RSA 329:31-a, that makes restrictive covenants limiting a physician's right to practice medicine after leaving an employer or partnership unenforceable. If you are a physician, look for that protection rather than the general reasonableness test that applies to most other New Hampshire workers.
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New Hampshire: the governing law
- Statute
N.H. RSA 275:70, 275:70-a- If the clause is too broad
- Courts may rewrite an overbroad restriction to something reasonable.
Statute and reformation approach from Beck Reed Riden LLP, Employee Noncompetes: A State-by-State Survey, 2026-01-21. Verify against the current text before relying on it.
How New Hampshire compares with neighbouring states
New Hampshire does not treat non-competes the same way as every state it borders, which matters when a contract names another state's law. 1 of its 3 neighbours take a different approach.
Nationally: 4 jurisdictions treat employee non-competes as void, 13 allow them only in limited circumstances, and 34 generally enforce them if reasonable.
State law summarized as of 2026-10-09; statutes change frequently. This is Automated educational information, not legal advice. Always consult a qualified New Hampshire attorney before signing.