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Non-Compete Agreements

Non-Compete Agreement Attorneys in New Hampshire

Experienced Employment Contract Lawyers on Your Side

What is a Non-Compete Agreement?

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.

What Does a Non-Compete Agreement Include?

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.

Are Non-Compete Agreements Enforceable in New Hampshire?

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 legal process.

Why to Hire a Non-Compete Agreement Lawyer

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.

Contact Us Today

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.

Representative Matters

  • Employment Discrimination Boisvert v. Sears, Roebuck & Co.

    Gender discrimination under Title VII - U.S. District Court for the District of New Hampshire, Total Verdict - $1,168,500

  • Employment Discrimination Heidi McKee v. NGS Dental, PLLC

    Wrongful termination and violation of RSA 275-E - Grafton County Superior Court, 215-2011-CV-00087, Verdict $224,000 in damages plus attorney’s fees, costs and interest to be determined by the court

  • Employment Discrimination McPadden v. Walmart

    Over $31 million recovered in a gender discrimination, whistleblower, and wrongful termination lawsuit against Walmart.

  • Employment Discrimination L’Etoile v. New England Finish Systems, Inc.

    Gender discrimination/hostile environment; U.S. District Court for the District of New Hampshire; Jury awarded $200,000.00 in compensatory damages and $200,000.00 in punitive damages (plus pending Motion for Attorneys’ Fees and Costs of $252,000.00)

  • Employment Discrimination Cook v. Environmental Compliance Specialists, Inc.

    Wrongful termination; Rockingham County Superior Court; Jury awarded $164,000.00 in lost wages and future lost wages, emotional distress damages and enhanced compensatory damages

  • Employment Discrimination Race and National Origin Discrimination

    A client was treated poorly by coworkers on the basis of the client’s race and the employer took adverse employment action against the client because of the coworkers’ actions.

  • Employment Discrimination Whistleblower Retaliation

    An employer terminated a client after the client complained about workplace safety issues.

  • Employment Discrimination Estate of Cheryl Sweeney v. Allard Nazarian Group, Inc. d/b/a Granite State Manufacturing

    Wrongful termination; Hillsborough County Superior Court Northern District; Jury awarded $55,000.00 in lost wages and benefits, $150,000.00 in compensatory damages and $275,000.00 in enhanced compensatory damages.

  • Employment Discrimination Martineau v. City of Concord

    U.S. District Court for the District of New Hampshire, 93-268-M, $297,000.00 in damages.

  • Employment Discrimination Age Discrimination

    An employer asked an older client about retirement plans and then terminated the client.

  • Employment Discrimination Disability Discrimination and FMLA Retaliation/Interference

    A client communicated to an employer about a disability and a need for leave and the employer then terminated the client.

  • Employment Discrimination Gender Discrimination

    A female client was paid less than men for performing comparable work.

  • Employment Discrimination Madeja v. MPB Corporation d/b/a Split Ballbearing

    Sexual harassment and retaliation, Sullivan County Superior Court.

  • Employment Discrimination Karen Pepin v. PC Connection Inc. and Gov Connection Inc.

    Verdict of $277,903.00 in gender/pregnancy discrimination and retaliation case. Claim for front pay and attorneys’ fees and costs was to be filed when case resolved (2010).

  • Employment Discrimination Chadick v. City of Nashua

    Verdict of $200,000.00 in lost wages, compensatory damages and enhanced compensatory damages, plus attorneys’ fees and costs in gender discrimination case (2001).

  • Employment Discrimination Gender Discrimination

    An employer demoted a client after a superior treated the client negatively for nonconformance with gender stereotypes.

  • Employment Discrimination Pregnancy Discrimination

    An employer took adverse employment action against an employee because the employee did not perform work during a maternity leave.

  • Employment Discrimination Sexual Orientation Discrimination

    A client was harassed and discriminated against based on the client’s sexual orientation.

  • Employment Discrimination Wage Law Violation

    An employer failed to pay a client a bonus pursuant to a bonus plan.

  • Employment Discrimination Gender Identity Discrimination

    A client was harassed and ultimately terminated after transitioning from male to female.

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