New Hampshire has passed legislation requiring employers to submit to candidates and workers any non-compete agreement or „non-counterfeiting“ agreement required before or at the time a job offer or offer of change in the job classification is made to the individual. If such an agreement is not made available to the applicant or employee before or in connection with the offer, the agreement is legally considered „inconclusive and unenforceable“. The law came into force on July 14, 2012. A recently adopted status in New Hampshire now requires the employer to provide a copy of the non-compete agreement to a potential worker before accepting the job offer. Failure to present the potential worker with a proposed non-compete agreement may lead a court to the cancellation of the non-competition agreement. The new law does not prohibit non-competition bans that took place before 8 September. However, before employers force low-wage workers to enter into agreements in the coming days, remember that agreements that limit a worker`s competition law are still negatively affected by The New Hampshire courts and must be supported by underlying legitimate business interests, protected by strict restrictions. In light of the new status, New Hampshire employers should ensure that a candidate or worker is invited to receive a copy of the agreement at the time or date of the offer in connection with a job offer or offer to change the job classification, whether anti-competitive, uncompetitive, unreported. , undisclosed, subject to the law or other forms of agreement. Otherwise, even if signed freely, the agreement may be considered „inconclusive and unenforceable.“ In any contractual agreement, both parties must give and receive something valuable, also known as a consideration.
The New Hampshire courts have held that the initial or maintenance offer of employment is a sufficient consideration or benefit to the worker in exchange for his or her willingness not to compete with the employer when the employment relationship ends. Employers should keep these issues in mind when asking workers to sign restrictive agreements. It is also important to know whether potential new recruits have a non-compete agreement with a former employer. In some cases, the new employer may be held liable to the former employer if the worker`s hiring was contrary to the agreement.