Non-Competes & Job Changes · New Hampshire
Non-Compete Agreements in New Hampshire: Are They Enforceable?
Changing jobs in New Hampshire raises two separate questions that rarely get asked together: what your restrictive covenants actually permit, and what happens to the retirement account you are leaving behind.
Non-compete stance
Enforceable if reasonable
401(k) rollover window
60 days
Early withdrawal penalty
10% if under 59½
Non-compete enforceability in New Hampshire
New Hampshire generally permits non-compete agreements where they are reasonable in scope, geography, and duration, and where they protect a legitimate business interest such as trade secrets or customer relationships. Overly broad clauses are frequently narrowed or struck down. Reasonableness is fact-specific, which is exactly why a short review before you sign is disproportionately valuable.
Clauses that matter as much as the non-compete
Non-solicitation provisions (barring you from approaching former clients or colleagues) are often enforced more readily than non-competes. Intellectual property assignment clauses can reach work created outside company hours if drafted broadly. Both routinely receive less attention than the non-compete itself, and both can have larger practical consequences.
The 401(k) window nobody mentions
Separate from any restrictive covenant, leaving a job starts a clock: a distribution not rolled into an IRA or a new employer's plan within 60 days is generally treated as taxable income, and — if you are under 59½ — typically carries an additional 10% early withdrawal penalty. On a $100,000 balance that can mean tens of thousands of dollars lost to a deadline most people never hear about.
See how this applies to your situation.
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Non-Competes & Job Changes in other states
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