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View Full Version : Indiana employer's responsibility to produce my signed non-compete form


Albacross
03-10-2006, 11:39 AM
I am in sales and believe I signed a non-compete form four years ago. I am looking for another job and have requested my employer provide me with a copy of my signed form (I cannot find my own copy). They have provided me with an unsigned form so I can review it but they cannot find my signed copy.

I have two questions/issues:

1) If they cannot find it and ask me to sign a new form, what are my rights concerning choosing whether or not to sign it? Can they terminate my employment for refusal to sign or can I negotiate a quid pro quo, such as a signing bonus or severance package?

2) Since I am looking for another job, it will be critical soon to know whether or not I am actually bound by a non-compete agreement. If the company has not located a signed copy, can I force them to produce it by a certain time and, if they cannot, can I have the agreement rendered null and void in case they locate it after I take a competitive job elsewhere?

Pattymd
03-10-2006, 12:05 PM
You need the advice of a local attorney who you can relate all the details to. We cannot interpret a document we have not read. Noncompetes are very case -and -state-specific.

Albacross
03-11-2006, 07:23 AM
Thanks, Patty. I plan on contacting an attorney but was just looking for general concepts here.

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