My employer is trying to enforce a non compete. But when I asked her to make me a copy of my contract she lied and said she didn’t have my contract and that her attorney, who is a real estate attorney, had the original contract. So I went to the attorneys office to have her make me a copy of my SIGNED contracts that no one would give me, and she said that she hadn’t received all the copies yet. So they both lied and denied me a copy?
Reason I know they lied,
Is because I got a copy of my contract in the mail and the entire contract was faxed to the attorney. So the attorney had the entire contract and my employer had the original copy when I asked.
So I want to know…
Do they have a legal right to deny me a copy when the had it in there possession and if not Where and Which law states that it is illegal?
By the way I am in the state of Tennessee, if this changes anything.
editor_bcdisabilities_com said:
Oct 11, 09 at 7:12 amFirst off, you should NEVER sign anything and walk away without a copy of what you signed. Employer and her atty were remiss in not ensuring same at time of signing. Atty here is giving you the runaround probably because there is some discomfort over whether obligations to represent client employer while not MISinforming you, the third party, have been fully discharged. Best advice is to contact attys’ professional governing body in your jurisdiction to determine whether your contract was indeed properly executed and, if not, how to correct any errors. Basically, atty doesn’t want to act without instructions from client employer. Who would s/he bill for the time? That’s the relationship atty is most anxious to protect. Your fight if there is one is with employer, the other party to your contract UNLESS atty has somehow deviated from the usual contract protocols, and lying is never good.
The mischief here, if you will, is that once they have your signature, what secret new addendums might employer insert without your knowledge?
This is definitely worth investigating. In the meantime, again, never ever leave the table without a legible dated copy of what you’ve signed. Period.
Doctari said:
Oct 11, 09 at 4:18 pmDon’t you already have a copy (stated in your question). In addition they have a reasonable amount of time to produce any requested documents. Just because they didn’t have them on hand to give you doesn’t mean they lied, it just means they were not on hand.
Stuart said:
Oct 11, 09 at 11:46 pmSounds like you have all the documents you wanted, and your only issue is that you’re ticked off that they wouldn’t do things on *your* timetable.
They may be unpleasant or incompetent people, but that’s not illegal. They didn’t break any laws.
-Stuart
Doorknob said:
Oct 11, 09 at 11:52 pmAn agreement to not compete is a normal form signed prior to any employment. That will probably have to be produced as part of your suit under your Request for Production of Documents. If you don’t already have an attorney, hire one so the attorney can file suit.