Signed non compete and was fired 6 months later -

I was hired as an independent contractor last October to work for an insurance brokerage. I signed an employment contract which included a non compete clause. I misplaced the agreement and have requested a copy be mailed to be via email. The company is not complying and not communicating with me. I have indicated to them I am just trying to be compliant with the agreement, but I don't have the copy of it and please send it to me. They won't send it to me.
So, two questions. Would a non compete hold up if I only worked there for 6 months and was fired?
And, am I to be held accountable for a non compete if they won't even send me a copy of it and I have proof of request in writing?

1 answer  |  asked Jun 6, 2006 1:31 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron

No competent lawyer is going to interpret an unavailable document for you.

Your one question is: Can they enforce a document, otherwise enforceable, which I don't have and they won't give me? Sure they can.

Under Illinois Law, you can get a copy of your personnel file IF YOU WERE AN EMPLOYEE. Given that you were an outside contractor, you probably don't have that right. If I were you I'd write them and act as if I did and ask for a copy of all documents related to your service there. Who knows? They might comply.

If they send you some things and not the agreement, you can later argue that they abandoned their rights under the agreement.

You really need to sit down with a skilled employment lawyer and devise a strategy. Keeping a stiff upper lip and hoping for the best will probably get you in world of hurt here. Talk to a lawyer.

posted by Anthony Cameron  |  Jun 24, 2006 4:31 PM [EST]

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