What is a noncompete agreement and how does it relate to unfair competition law?
A noncompete agreement is a type of contract between employers and employees. It is sometimes referred to as a covenant not to compete. It is a legally binding contract that is put in place to protect an employer’s business interests from unfair competition. In New Hampshire, noncompete agreements are not favored by the courts and must be drafted carefully to be enforceable. The New Hampshire Supreme Court has stated that while it will enforce a noncompete agreement if it is strictly necessary to protect an employer’s legitimate interests, it will not enforce one that is overly broad or oppressive. Unfair competition law is a body of law that seeks to protect businesses from unfair practices such as price fixing, deceptive advertising, and false or misleading claims. Noncompete agreements are related to unfair competition law in that they are used to protect an employer’s legitimate business interests. A noncompete agreement can be used to prevent an employee from working for a competitor or engaging in a similar business, which could be considered a form of unfair competition. In New Hampshire, noncompete agreements must be carefully drafted and cannot be overly broad or oppressive in order to be enforceable. It is important for an employer to consult with an attorney to ensure that the agreement complies with the state’s existing laws and is tailored to protect their business interests.
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