Former employer refuses to provide me a copy of non-compete.

I recently was terminated from my position in wireless sales. Shortly after I was offered a position in sales close to the former employer. My former employer contacted me and informed me of the non-compete agreement I "signed" and threatened action against me. I asked for a copy of the non-compete and they are informing me that I have to travel to San Diego (From Ohio!) to get a copy of it for my review and they refuse to send or fax me a copy. What can/should I do?

(Lawyers that contact me will be the ones I turn to if this ends up in court.)

1 answer  |  asked Oct 25, 2005 11:53 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Request a copy of you non-compete via certified mail

Write to your former employer and ask them for a copy of your non-compete agreement. State that your understanding of the agreement is that it will not interfere with potential employment that you are considering, if that is true. Ask them to send you the agreement so that you can verify that this is the case. Send the letter via certified mail.

If your employer refuses to send you a copy, it can hardly go to court to enforce it against you, where it will have to attach a copy of the agreement to its complaint filed to start the lawsuit. Also, as a practical matter, if the employer cannot be bothered to send you a copy of the non-compete, I doubt that it will spend the time and money necessary to enforce it in court.

Hopefully you will not end up in court and will not have to contact a lawyer.


Neil Klingshirn

posted by Neil Klingshirn  |  Oct 26, 2005 10:29 AM [EST]

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