Can an Ex Employer re-establish a document that never existed?

I'm being sued by an ex exployer that is seeking to reestablish a non compete he said I signed the first day I was employed. I never signed one or was ever approached and asked to sign one until my last week of employment. He's filed action using Fla Stat 71011 seeking to re-establish a lost document. He's stating the unlocked HR files were breached and multiple files were lost or destroyed. I resigned in February 2012 and have done some subcontracting for a competitor with the income level under 300. He found out about it and is suing the competitor and myself. I'm meeting an attorney next week but wanted to ask here as well. I am in Florida.

1 answer  |  asked May 26, 2012 09:59 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
Any party can bring an action to reestablish a lost document under section 71.011. However, it will be difficult for your former employer to prove its case, since you deny ever signing the document. You do need to see a lawyer, as you will need to defend the action. Possibly you can recover your legal fees under section 57.105 (the frivolous lawsuit section). Good luck!

posted by Phyllis Towzey  |  May 29, 2012 08:11 AM [EST]

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