Non-Compete- right to withhold document Question

[Mister Cooley]

What is the name of your state? Indiana

First, Thank you in advance for any help you can give me.

I resigned from a Branch Managers position 9 months ago. I was told at the time that I had signed a non compete agreement and that they would enforce it. I don't "think" I signed one. Unfortunately, I am only 80% sure that I didn't. I remember them giving me the document to sign after being promoted (start of second year), and stating that my job depended on it...but I was hesitant and procrastinated. I don't "think" I ever gave them the document or signed it.

I have asked for a copy of it repeatedly. I have yet to get one. I tried again 3days ago by contacting the Director of HR. Here is an excerpt from his reply:

Unfortunately, the only copy of your agreement is housed in your personnel file. In accordance with company policy, former employees do not have access to their personnel files, so I cannot provide you with a copy. If you have specific questions about the agreement that have to do with facts, (such as the time length of the agreement), not interpretations, I will try to answer those for you if you e-mail them to me. Interpretations are better left to lawyers, which neither of us qualify as.

I don't know what to do. I can't afford an attorney right now. I have a job offer from a competptor of my prior company, but the job hinges on the exisitance of the agreement. I need this job!

1. Can they withold the document if they truly have it?
2. How can I get them to give it up?
3. Any Suggestions?

Thanks in advance!

 

[I AM ALWAYS LIABLE]

My response:

Here's what you say - -

1. Please tell me if you have a "signed" original or copy of a noncompete agreement in my personnel file, signed by me.

2. Please quote the entire noncompete agreement in a response to this e-mail. I do not want interpretations, either. I just want a verbatim quotation of the entire agreement.

If you don't get the required response, then go ahead and accept your new job position.


Good luck.

IAAL

 

[JETX]

You might want to add one more 'clause'.

3. In the event that you refuse these reasonable requests, or otherwise fail to respond, that failure will confirm that there is no valid agreement exists.

Note: this might not stand up to later scrutiny, but could be used to help bolster your claims that you had requested a copy of the document they claim.

PS: It is best if you send this all in a very nice PROFESSIONAL letter to the HR manager, sent by certified RRR mail. Keep copies of ALL correspondence.

 

[Mister Cooley]

Very good advice. I am drafting the letter tonight. I will keep you posted.

Thank you both for your valuable time and input.