State file — New Hampshire
Severance itself is almost never required by law — but the paper around your exit is. In New Hampshire, three state rules shape your negotiation: when your last paycheck must arrive, whether a non-compete can follow you to your next job, and what notice a layoff required. If you are 40 or older, the federal clocks (21 or 45 days, plus 7 days to change your mind after signing) apply on top of everything here.
Federal rule only — no New Hampshire consideration or revocation period for severance/settlement agreements beyond the federal OWBPA.
Run the deadline checker — it counts the federal clock and New Hampshire's clock together and gives you the dates.
Generally enforceable if reasonable (protects a legitimate interest; reasonable in time, scope, and geography), BUT with a statutory notice trap: an employer that requires a new employee to sign a non-compete as a condition of employment must provide a copy of the agreement BEFORE the employee accepts the offer of employment; a non-compete not disclosed as required is unenforceable against the employee (the rest of the employment/confidentiality agreement survives). Physician non-competes are separately void under NH law (secondary).
Why it matters at the exit table: a non-compete you sign on the way out can matter more than the severance check. If the clause would block your next job, narrowing it is one of the most common — and most granted — negotiation asks.
Discharged employee: wages in full within 72 hours of discharge. Laid-off employee (or work suspended in a labor dispute): in full not later than the next regular payday. (Quits: next regular payday, or within 72 hours if the employee gave at least one pay period's notice.)
Unused vacation: Vacation/fringe benefits are 'wages' when due under the employer's policy or practice (RSA 275:43(V)); employers must give written notice of their vacation/fringe policies (RSA 275:49, III). If the employer's policy does not address payout at separation, NH DOL regulation generally requires accrued vacation to be paid at separation (N.H. Code Admin. R. Lab 803.03, secondary).
Final pay is owed whether or not you sign anything. If the date passes without your money, your state labor agency takes these complaints — and many states add penalties for every day of delay.
New Hampshire has its own layoff-notice law (a mini-WARN law): New Hampshire WARN Act (RSA 275-F, effective Jan.
Notice failures have their own remedies (back pay for each day of missed notice, in the federal law's case) — separate from the severance agreement, and worth a question if your layoff was large and sudden.
Included in the $49 SeveranceDecoded Kit
One payment. Yours to keep. Works for any severance agreement, any state.
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