What to do if my employment has been terminated and I have asked for copies of important documents in my personnel file but my employer has refused?

UPDATED: May 11, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 11, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my employment has been terminated and I have asked for copies of important documents in my personnel file but my employer has refused?

I am trying to find work. There is a non-compete agreement in place from my previous employer. Potential new employers want their legal department to view my agreement to be sure I am able to be safely employed by them. At termination, I asked for copies of the signed agreement with the associated compensation contract. I was told she would e-mail them to me. I have asked twice more and nothing, not even a response this last time(>5 weeks). Now I am interested in challenging the validity of the agreement, yet I have nothing to take to a specialty attorney. Is there anything I can do?

Asked on May 11, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One party to a contract is not legally obligated to provide copies of the agreement to the other party after the agreement has already been signed--it is a common courtesy to do so, but it is not legally required. The time to make sure you will be getting a copy of the agreement is prior to or at the time of signing.

To get the agreement if you think you may have grounds to challenge it, you will have to first file or initiate a lawsuit; then, in litigation, you will be able to use the legal mechanisms of "discovery" to obtain a copy. However, those mechanisms are not available outside of a legal action. Discuss this matter with your attorney; he or she may be able to convince the company to give you a copy by threatening to bring a legal action if they are not provided documents to review.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption