No copy of non compete
UPDATED: Sep 30, 2022
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No copy of non compete
Im about to quit my job but havent been
provided a copy of my non compete. Ive
asked twice for it. Do they have to
provide me with a copy, since i dont
know the terms of it.
Asked on December 5, 2016 under Employment Labor Law, North Carolina
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is common for employers to have employees sign contract documents that are then file them away ito be pulled out later when needed. That having been said, absent an agreement to the contrary, a contract is not invalidated simply because the employee didn't get a copy. It is the employee's responsibility to get a copy of the signed agreement at the time of signing and to retain it. Since your employer refuses to provide you with a copy of the non-compete that you signed, you may be out of luck here. That having been said, your employer would be well advised to give you a copy. Otherwise, you may argue that you didn't know the scope or extent of the non-compete, so if you then obtain employment with a competitor, your former employer will be hard-pressed to sue the competitor for tortious interference with contract, although it may still proceed with a case against you.
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