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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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