Employment Contracts Lawyer in Portsmouth, NH

Employment Agreements • Nondisclosure Agreements • Non-Solicitation Agreements

Almost every employment relationship on the NH Seacoast starts with a document you’re expected to sign quickly: an offer letter with a non-compete clause, an NDA as part of onboarding at a Pease Tradeport company, a non-solicitation agreement buried in a separation package. What makes the Portsmouth market distinctive is the frequency of a specific complication: many Seacoast employers are NH-based subsidiaries or divisions of Massachusetts companies, and the employment agreements, confidentiality provisions, and governing law clauses they use are drafted under Massachusetts law — even when the employee lives and works entirely in New Hampshire. Before you sign anything, you should understand which state’s law governs the agreement, what rights you are being asked to waive, and what the practical consequences of each clause are if you ever leave. Whitney Law Group reviews and negotiates employment-related contracts for Seacoast professionals at every career stage. The person who drafted your agreement was protecting the employer. Your review protects you.

Why Portsmouth Professionals Choose Whitney Law Group for Contract Review

Mark Whitney spent decades drafting and litigating the same contracts Seacoast employers put in front of their employees — at major Boston firms and as senior partner at one of the city’s leading management-side employment boutiques. He knows what language employers include to protect themselves, what provisions are negotiable, and what to watch for in confidentiality, non-solicit, equity, and IP assignment clauses.

A particular advantage for Portsmouth-area clients: the firm practices in both New Hampshire and Massachusetts. Many Seacoast employment agreements contain Massachusetts choice-of-law clauses, which means Massachusetts contract law — including the 2018 Non-Compete Reform Act and the Massachusetts Wage Act — may govern the agreement even though the employee works in NH. Understanding which state’s law applies can mean the difference between an enforceable restriction and an unenforceable one. Located at 155 Fleet Street, Portsmouth. AV Preeminent rated. 2025 Massachusetts Super Lawyer.

Employment Contracts, NDAs & Non-Solicitation — What Whitney Law Group Covers

Employment Agreements

Full review and negotiation of offer letters, employment agreements, consulting agreements, independent contractor agreements, and letter agreements for Seacoast professionals. Key issues include: compensation structure and bonus definitions, at-will versus for-cause termination provisions, severance entitlements, equity vesting terms, IP assignment scope, and the full range of restrictive covenants. Whitney Law Group explains each provision in plain language, identifies what is standard versus overreaching, and negotiates improved terms in writing with the employer’s counsel.

Nondisclosure Agreements (NDAs)

NDAs appear at nearly every stage of Seacoast employment: onboarding at Pease Tradeport companies, mid-employment for access to new projects or clients, in settlement agreements, and in severance packages. For defense contractors and technology companies on the Seacoast, NDAs often intersect with federal government classification requirements and export control regulations — a layer of complexity that requires careful review. Separately, NDAs that attempt to prevent disclosure of illegal employer conduct or waive rights under NH or MA wage and labor laws may be unenforceable. Whitney Law Group reviews NDAs from both sides and advises on enforceability before signing.

More about Non-disclosure agreements (NDAs) Lawyer in Portsmouth, NH

Non-Solicitation Agreements

Non-solicitation agreements restricting your ability to contact former clients or recruit former colleagues are common in Portsmouth’s professional services, technology, and defense sectors. Unlike non-compete agreements, non-solicitation clauses are not covered by New Hampshire’s RSA 275:70 or Massachusetts’ 2018 Non-Compete Reform Act, and courts in both states are generally more willing to enforce them. However, non-solicitation clauses must still be reasonable in scope, duration, and definition of “customer” or “employee.” Whitney Law Group reviews, negotiates, and when necessary challenges non-solicitation provisions in employment and severance agreements.

More about Non-Solicitation Agreement Lawyer in Portsmouth, NH

Client Reviews — Employment Contracts, Portsmouth NH

"Mark Whitney is hands down the best non-compete attorney that I have experienced. I was a Vice President at a manufacturing company and I had an "iron clad" non-compete contract. I was trying to leave my employer to start my own business. I consulted with several attorneys and all of them were in agreement that I had no chance of getting out of this non-compete contract. I was referred to Mark Whitney from an investment banker that wanted to fund my startup business. After my consultation with Mark ... I knew I found the right lawyer to represent me. I quit my job and I hired Mark. He performed a miracle! I had a full release from my former employer in less than four weeks! I absolutely recommend Mark Whitney."

Scott

VP of Manufacturing Company

"I hired Mark to handle my discrimination and non compete case. Before hiring Mark I consulted with three big law firms in the New England area but was not convinced with them and decided to go with Mark. Best decision i ever made. Mark did a spectacular job handling my case and got it sorted out in less than 4 months. He is a great guy to deal with as well. You will never get the feeling you are dealing with a lawyer, you will really feel like you are dealing with a friend. He is always very patient and friendly and will give you the exact facts. He is not out to get your money and is always looking out for your best interests. He is tough and super smart and really knows what he is doing. The best damn lawyer around. Don't waste your time and money with the big firms. I would highly recommend Mark he is a rock star."

Client Name Withheld

Shipping Executive

FAQ — Employment Contracts in Portsmouth, NH

Q: My new Pease Tradeport employer gave me an offer letter with a Massachusetts choice-of-law clause. Does MA or NH law govern?

A Massachusetts choice-of-law clause in an employment agreement is generally enforceable in New Hampshire courts, which means Massachusetts law will govern contract claims — including any non-compete, non-solicit, or NDA provisions in the agreement. This can be advantageous in some situations: the Massachusetts Non-Compete Reform Act, for example, imposes strict requirements on non-compete agreements (advance notice, garden leave pay, and reasonableness requirements) that may give you stronger grounds to challenge overreaching restrictions than NH’s RSA 275:70 provides. It can also create complexity for Seacoast employees unfamiliar with MA law. Whitney Law Group identifies the governing law and its practical implications at the outset of every contract review.

Q: My NDA says I can’t talk about anything that happened at my former Pease Tradeport employer. Is that enforceable?

Blanket NDAs prohibiting discussion of “anything” that occurred at a former employer are generally not fully enforceable. Employees retain rights under both NH and federal law to discuss wages and working conditions with co-workers, to report illegal conduct to government agencies, and to cooperate with government investigations — and NDAs cannot validly waive these rights. Federal law (including the Speak Out Act and the Equal Employment Opportunity Act provisions enacted in 2022) also limits pre-dispute NDAs covering sexual harassment and assault claims. Whitney Law Group reviews NDAs to identify which provisions are enforceable as written, which are overbroad, and how to proceed.

Q: I signed a non-solicitation agreement at my old Seacoast job and now my former employer claims I violated it. What should I do?

Do not respond to the former employer, their counsel, or the contacted client without first speaking to an attorney. Non-solicitation enforcement actions can move to court quickly — employers sometimes seek injunctions — and an unadvised response frequently makes the situation worse. Whitney Law Group will review your non-solicit agreement, assess whether the person you contacted qualifies as a “customer” under the specific language of your agreement, evaluate whether your outreach constituted “solicitation” as defined, determine whether the agreement is governed by NH or MA law, and develop a response strategy. Many non-solicit enforcement threats are resolvable without litigation when handled correctly at the outset.

Schedule a consulation in Portsmouth, NH

Don’t navigate workplace disputes alone. Contact Whitney Law Group’s Portsmouth employment lawyers for a free consultation about your employment contract matters.