If I never signed a non-compete agreement with my former employer although they are saying I did, can I compel them to give be a copy of the alleged agreement?

I asked for a copy of what I supposedly signed and they said they had to dig it up. I never signed anything at the beginning, during, or after employment with them. They have threatened to sue me. Is there anything I can do to stop them from the harassment?

Asked on November 13, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, you can't compel them to give you a copy of the document without filing your own lawsuit against them, or outside of responding to their lawsuit against you. (It is in litigation that you can compel the production of documents.) If you believe you never signed a non-competition, you can "call their bluff"; if there is no such document, they will be unable to sue you; if they sue you, you can get a copy of it.

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