Legal Question in Business Law in Ohio

Non-Compete Agreement contract request

I left my former employer in Feb. of last year and I want to directly compete with them. I did not sign a contract as an employee of the company but as a subcontractor. The company used me as a sub for 6 months before hiring me. To make sure I can compete with them legally I sent a fax to the company requesting a copy of the contract. They sent me one page of the agreement that covers the non-compete/disclosure portion. The page they sent was ''part of their standard contract'', but the page says sub-contractor all over it. I sent a second request, by fax, for the entire contract signed be me as an employee or subcontractor and they sent me my letter of resignation. They said in my letter I acknowledge the existence of an agreement from my line ''My reason for leaving is a breach in our employee agreement with regards to my 401k''. I know I signed an agreement as a sub, but I am not certain I signed one as an employee.

My questions are:

Does a non-compete agreement as a sub-contractor end when you are hired by the company?

Does any contract hold up if you cannot produce the signed copy?

What can I do to get the signed agreement if they are withholding it? They are not responding to my requests.

Thanks for your help!


Asked on 11/09/04, 10:25 am

1 Answer from Attorneys
Michael O'Reilly O'Reilly Law Office

Re: Non-Compete Agreement contract request

It sounds like there was no written contract for the employed phase of your time there. They are only obligated to produce a copy of a contract if there is an active court casae between the two of you. Have they told you that they regard you to be under a non-compete? What did the noncompete in the subcontractor agreement say? What type of business is it? Was it Feb 03 or Feb 04 you last worked there?

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Answered on 11/09/04, 1:15 pm


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