Q: is it legal for my former employer to deny a copy of a contract if I request one?
I'm located in Illinois. I'd like to review the non-compete agreement in a consultation I but I do not have my own copy. The employer is unhappy with how I left the company and threatened to enforce the agreement. I want to know if they can deny me a copy which I suspect they might if I request it.
A: If your employment with the company was within the last year the employer must permit you to inspect your personnel documents upon your written request. The inspection right includes contractual agreements you had with your employer. Pursuant to the Illinois Personnel Record Review Act that employer must provide you with the ability to inspect the documents within 7 working days after you make the request unless the employer can show that the deadline cannot be reasonably met, then the employer will have an additional 7 days to comply. You can request copies of information in your file and the employer is allowed to charge a fee of the actual cost of duplicating the information. If your former employer continues to deny you access to your personnel file you can file a complaint with the Illinois Department of Labor or contact an attorney to file suit for compliance.
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