New Hampshire Legislation Alert: NH Employers Must Provide Notice of Non-Compete Agreements (RSA 275:70)


Employers in New Hampshire making offers of employment are now required to provide prospective employees a copy of any required non-compete agreement prior to or at the time such an offer is made.  The new law, effective as of July 14, 2012, also requires that employers provide a copy of the non-compete agreement to any employee being offered a "change in job classification."  Any non-compete agreement not so provided to an employee or prospective employee is "null and void." 

How will this new law affect existing non-compete agreements?

It is unclear at this time what effect this new legislation will have on existing non-compete agreements entered into prior to the effective date of RSA 275:70.  It is also unclear whether the term "non-compete" used in the statute is meant to encompass similar and often related restrictive covenants like non-disclosure or confidentiality agreements. 

Regardless of the uncertainty remaining, employers desiring to have employees sign enforceable non-compete agreements in the State of New Hampshire should consider the following steps to help improve the likelihood that their non-compete agreements will be enforceable:

  • Offer letters should be revised to include a copy of any non-compete, non-disclosure, and/or confidentiality agreement desired by the employer as a condition of employment. 
  • Adopting a more formal process for making job changes to ensure that a copy of any required non-compete agreement is provided at the time the offer of job change is made. 
  • Adding an acknowledgement to the non-compete agreement whereby the employee acknowledges that s/he received a copy of the non-compete agreement prior to or concurrently with the offer of employment. 
  • Maintaining detailed records of all job offers made to prospective or current employees to evidence the date the copy of the non-compete agreement was provided.


We welcome your questions on this new legislation or other business law issues. Contact John Sullivan at, Peter Callaghan at or Matthew Lane at

New Hampshire Non-Compete Agreements