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


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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