Non-compete agreements: new problem

Cerpin Taxt

Lifer
Feb 23, 2005
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542
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So I've determined that in order to move forward with a new job opportunity, I will need to submit a copy of my non-compete agreement (NCA) to the new company's legal and HR department for review before they will extend an offer to me.

The problem is, I signed and delivered my NCA before I moved, but I somehow lost it in the move. I don't have a copy of it anymore. So now, I have to get my HR manager to send me a copy without throwing up flags.

The best plan I could come up with is to manufacture a story which explains that I'm missing (or damaged/destroyed) the whole file that contained my NCA along with my signed offer letter, my benefits forms, and things like that. Then I can ask for copies of all of them without specifically requesting the NCA.

Even more roundabout would be to email my HR manager to ask for a different document -- something innocuous like my benefits forms. When he responds that he has it, I can then ask (feigning ignorance) "what else is in that file that I should have a copy of?" When he enumerates those documents, I can then ask that he send me copies of THOSE as well, "in order to complete my file."

Any other (constructive) suggestions for procuring my NCA from my HR manager without sending up flares?
 

bonkers325

Lifer
Mar 9, 2000
13,076
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you: i would like to look at my NCA

HR: :confused: dont you have a copy?

you: no, i lost it. can you make me a new one?
 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
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Originally posted by: loki8481
no friends in HR?

My company's administration is relatively tight-knit, being a private company where the top 3 senior managers are 2 brothers and a sister. My boss, the sales manager, is their old friend from back in their high-school days.

There's only 1 "HR" guy, and while he's not technically "family" it's not unreasonable to think that any suspicions I raise with him would get passed along to my boss.
 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
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Originally posted by: bonkers325
you: i would like to look at my NCA

HR: :confused: dont you have a copy?

you: no, i lost it. can you make me a new one?

See, maybe Vonkam's right, but that just seems like it would be out of the ordinary. "Why does he want to look at his NCA?" The obvious answer would be that I'm looking for a new job.

I realize that technically they can't fire me for wanting to look at my NCA, but if they were suspicious enough, they could manufacture another reason. It's an at-will position.
 

bonkers325

Lifer
Mar 9, 2000
13,076
1
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Originally posted by: Garth
Originally posted by: bonkers325
you: i would like to look at my NCA

HR: :confused: dont you have a copy?

you: no, i lost it. can you make me a new one?

See, maybe Vonkam's right, but that just seems like it would be out of the ordinary. "Why does he want to look at his NCA?" The obvious answer would be that I'm looking for a new job.

I realize that technically they can't fire me for wanting to look at my NCA, but if they were suspicious enough, they could manufacture another reason. It's an at-will position.

if they will fire you because you are entertaining the thought of greener pastures, then your position at said company is not very solid to begin with. if they like you, they will make the effort to keep you.

if they ask you why, just be honest and say you were going through your stuff and realized it was missing.
 

Savij

Diamond Member
Nov 12, 2001
4,233
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Hi, I can't seem to find my employment files. Can you give me a copy of all of them. Here is the list of docs I can remember:
offer letter,
benefits forms,
underwear size docs,
NCA,
poop analyis

Please give me a copy of all of these forms and any others that you have in my file.

Your employee in Christ,
Garth Poopsock
 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
126
Originally posted by: bonkers325

if they will fire you because you are entertaining the thought of greener pastures, then your position at said company is not very solid to begin with. if they like you, they will make the effort to keep you.
That is a good point. I do feel confident that they would like to keep me, so maybe I am being paranoid.

if they ask you why, just be honest and say you were going through your stuff and realized it was missing.
Yeah, and in fact the whole truth is that I don't have any of the other documents that accompanied my non-compete agreement, like the offer letter and beneficiary forms and the like.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
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sheesh stop being a pussy. just go ask for it. if they ask why just say you moved and went though all the paperwork and lost some of it. thats it. end of story.

they won't fire you (unless you are on the verge of getting fired anyway).

 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
126
Originally posted by: Savij
Hi, I can't seem to find my employment files. Can you give me a copy of all of them. Here is the list of docs I can remember:
offer letter,
benefits forms,
underwear size docs,
NCA,
poop analyis

Please give me a copy of all of these forms and any others that you have in my file.
Yeah that's about it.


Your employee in Christ,
Garth Poopsock
Do I know you from somewhere? :p
 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
126
Originally posted by: waggy
sheesh stop being a pussy. just go ask for it. if they ask why just say you moved and went though all the paperwork and lost some of it. thats it. end of story.
LOL the reason I'm being such a pussy is that even the very remote prospect of getting canned terrifies me. While I know with my rational mind that it is very improbable, I'm the kind of person (i.e. a "pussy") that wants to take every reasonable measure to minimize the undesirable outcome.

they won't fire you (unless you are on the verge of getting fired anyway).
Yeah, I know.

 

MrDudeMan

Lifer
Jan 15, 2001
15,069
94
91
Originally posted by: Garth
Originally posted by: waggy
sheesh stop being a pussy. just go ask for it. if they ask why just say you moved and went though all the paperwork and lost some of it. thats it. end of story.
LOL the reason I'm being such a pussy is that even the very remote prospect of getting canned terrifies me. While I know with my rational mind that it is very improbable, I'm the kind of person (i.e. a "pussy") that wants to take every reasonable measure to minimize the undesirable outcome.

they won't fire you (unless you are on the verge of getting fired anyway).
Yeah, I know.

This post made me LOL. :laugh:

Go with the "I lost stuff and I need copies of x, y, and z please" idea.
 

Savij

Diamond Member
Nov 12, 2001
4,233
0
71
Originally posted by: MrDudeMan
Originally posted by: Garth
Originally posted by: waggy
sheesh stop being a pussy. just go ask for it. if they ask why just say you moved and went though all the paperwork and lost some of it. thats it. end of story.
LOL the reason I'm being such a pussy is that even the very remote prospect of getting canned terrifies me. While I know with my rational mind that it is very improbable, I'm the kind of person (i.e. a "pussy") that wants to take every reasonable measure to minimize the undesirable outcome.

they won't fire you (unless you are on the verge of getting fired anyway).
Yeah, I know.

This post made me LOL. :laugh:

Go with the "I lost stuff and I need copies of x, y, and z please" idea.


Make sure you close with "Yours truly, Garth McPoopstick"
 

pulse8

Lifer
May 3, 2000
20,860
1
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If they are going to make you an offer you're going to take at the other job with the delivery of this document, does it really matter if your current job finds out about it? They are only going to find about about it anyway.