If I was let go from my job and they are not giving me a copy of my non-compete, can they do that?

I asked for my employee file including my non compete agreement. I was told it was not in my employee file and would only be released at the ownerships approval. I am seeking work in a different market area, approximately 60 miles away, but the potential employers want to look at the non compete before moving forward. What action can I take to move this along as quick as possible, these opportunities won’t be open for long.

Asked on August 20, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general matter, one party to a contract is not required to provide a copy of that contract to the other party. This includes a copy of a noncompetition agreement. Your only recourse would be to bring a lawsuit against the employer, seeking a declaratory judgment of what would be--and would not be--banned competition. In the course of that lawsuit, there are legal mechanisms, called "discovery" (such as  document requests) which you could use to seek the contract.


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