Always Get a Copy of Your Non-Compete Agreement

We receive calls, weekly, about employees who want legal advice about their non-compete agreements who are not in possession of the actual document.  Because a non-compete agreement is a contract, it cannot be interpreted without the ability to review what it actually says.  Employees often fear that they will arouse suspicion if they ask for the agreement months (or years) after they sign it.  While that may be true, it is better to have the document then to second guess what it might actually say.  We generally treat non-compete agreements as “enforceable until proven otherwise.”  If a prospective employee wants a meaningful evaluation of their rights, they must have a copy of the non-compete agreement.  As a result, the employee should ask for a copy of the document at the time it is signed or as soon as reasonably practicable thereafter.