If my former employer won’t provide me with a copy of my non-compete is it still valid?

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If my former employer won’t provide me with a copy of my non-compete is it still valid?

Asked my former employer 4 times by certified letter for my non-compete (if they had one on file). I never got a response. Am I free from it? I work a sales job,

Asked on May 16, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, this does not necessarily free you from the non-competition agreement; the law does not require one party to an agreement to provide another party to it with copies of the agreement. The law also does not exempt one party to an agreement from the agreement simply because he or she does not have a copy of it.

You presumably remember at least some of the terms--after all, you signed it and therefore should have read it. You should consult with an employement law attorney and related as much of the agreement as you can. The attorney will then be in a position to advise you as to your options. Good luck.


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