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Non compete

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Kassio24

Junior Member
I have worked for my current employer for 18 years and recently asked for a signed copy of my non compete and was told that they will not look for is since it was from 18 years ago and to just follow the new clause is that legal for them to do? The new clause has change a lot since I started.
I am looking to leave the company and want to do the right by my clause but can't unless I know what is in it.
 
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justalayman

Senior Member
under PA law you have a right to inspect certain records within your personnel file:


Section 2. Inspection of personnel files.

An employer shall, at reasonable times, upon request of an employee, permit that employee or an agent designated by the employee to inspect his or her own personnel files used to determine his or her own qualifications for employment, promotion, additional compensation, termination or disciplinary action. The employer shall make these records available during the regular business hours of the office where these records are usually and ordinarily maintained, when sufficient time is available during the course of a regular business day, to inspect the personnel files in question. The employer may require the requesting employee or the agent designated by the employee to inspect such records on the free time of the employee or agent. At the employer's discretion, the employee may be required to file a written form to request access to the personnel file or files or to indicate a designation of agency for the purpose of file access and inspection. This form is solely for the purpose of identifying the requesting individual or the designated agent of the requesting individual to avoid disclosure to ineligible individuals. To assist the employer in providing the correct records to meet the employee's need, the employee shall indicate in his written request, either the purpose for which the inspection is requested, or the particular parts of his personnel record which he wishes to inspect or have inspected by the employee's agent.
I do not know if a non-compete falls within the covered information though. Hang on for one of the HR folks to provide more info.



but if it isn't covered, I suspect that unless you are sued for violating the agreement, you will never know what is in it.
 

cbg

I'm a Northern Girl
I'll have to look myself for whether a non-compete is among the documents you are entitled to see; it's been over ten years since I handled personnel records in Pennsylvania. However, one thing I do remember about PA law is that it expressly gives the employer permission to refuse you a copy of the documents in question - the law allows you to view them only. They MAY allow you a copy if they choose to, but the law is only going require them to let you view them. If they're not going to hold you to the older non-compete, and it sounds as if they're not, it would appear to me to be a moot point.
 

Kassio24

Junior Member
I'll have to look myself for whether a non-compete is among the documents you are entitled to see; it's been over ten years since I handled personnel records in Pennsylvania. However, one thing I do remember about PA law is that it expressly gives the employer permission to refuse you a copy of the documents in question - the law allows you to view them only. They MAY allow you a copy if they choose to, but the law is only going require them to let you view them. If they're not going to hold you to the older non-compete, and it sounds as if they're not, it would appear to me to be a moot point.
If they do sue me they would need to produce a signed copy is that correct? I think that they can not produce it and that's why after two months of asking the response I received was they would not look for it.
 

cbg

I'm a Northern Girl
In which case it's very unlikely that they will look for it.

However, if there is a new one that supersedes it, which it sounds as if there may be, it doesn't matter what's in the old one. Only what's in the new.
 

Kassio24

Junior Member
In which case it's very unlikely that they will look for it.

However, if there is a new one that supersedes it, which it sounds as if there may be, it doesn't matter what's in the old one. Only what's in the new.
So even if I didn't sign the new one I should just follow that one? I want to leave in good standing.
 

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