non-compete documentation

Former employees where I worked said they signed a non-compete contract and one is currently being pursued for breaking it. I recently quit and don't remember signing one and have no copies of one in my records of the forms I signed when I was hired. Is there any way of finding out if I had signed one without contacting my employer. I think they will lie or falsify one if I ask for a copy.

1 answer  |  asked Oct 11, 2005 4:23 PM [EST]  |  applies to Ohio

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Neil Klingshirn
You should ask your employer for a copy of your non-compete

The physical non-compete agreement is your employer's property. It is not available in a public place, so the only way to get a copy is to ask for one from your employer.

There is little downside to asking your employer for a copy. You may discover that it does not have one. If it does have a valid copy, you should know that before you engage in competitive work.

If the employer falsified a copy of a non-compete or forged your name, it is running a huge risk. A separate cause of action exists for "spoliation," which refers to the alteration or destruction of evidence that may be used in litigation. When I see employers do such things, it invariably "makes my day." Also, if your employer is going to fake a non-compete in response to your request for one, it will almost certainly do the same thing if it intends to file suit.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Oct 11, 2005 5:15 PM [EST]

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