Legal Question in Employment Law in New Hampshire
non competition & non solicitation agreement
In a non competition agreement is this clause enforcable?
''For a period of 18 months following the termination of Employee's employment by -,Employee shall not directly or indirectly engage in, be employed by or have any financial interest in, a Business or other enterprise that is similar to or otherwise competes with any aspect of - Business, within the following areas: 60 miles of - office.''
This is a cleaning company, which services primarily residential clients. This agreement is for cleaning staff with no particular company training, marketing knowledge. Does this clause limit a persons right to seek employment? Does it stop an ex employment for seeking employment for a higher wage with another with another company? If - terminates employee because of a downturn in-'s business can - stop teh employee from seeking other employmnet in the same service industry?
1 Answer from Attorneys
Re: non competition & non solicitation agreement
I would suspect that given the facts, it would probably be deemed overly restrictive, but possibly subject to reformation.