Do they have to provide a copy of my NDA?

Hello,

I have been working at the same company since 2007. I signed an NDA when I first joined, but I didn't think to ask for a copy of it for my records. And, they took it away rather quickly after I signed, without offering to give me a copy.

Now, I am considering applying to jobs at other companies, but they require a copy of my NDA. The first time I asked for it, my employer said they couldn't do it, because HR was working remotely 100% of the time due to COVID policies. Since they were able to do their jobs remotely, they weren't allowed to come on-site.

But now, they are allowed back on site, so they could get it.

My question is: are they legally obligated to provide me with a copy of it?

Thank you.

 

Thanks very much. And I do have a non-compete agreement with them, not an NDA (that is what I meant to say).

One more question: if I send them an email, would that count as a written request?

 

Not yet. It's a weird situation - several people are leaving the company within the next couple of weeks, and a lot of restructuring is going on.

Last time, they asked me why I wanted a copy of it - which was a bit uncomfortable. I basically said "oh, no reason", or something along those lines.

Do you think that asking for your non-compete would raise red flags & potentially make you more likely to be laid off?

 

Leaving would be contingent on getting a job offer first.

 

To elaborate: I had some initial interviews with another company. But, their policy is that they can't proceed to the next round of interviews without a copy of my non-compete.

They followed up several times asking for it, which is why I do think that they are genuinely interested. But it's not a slam dunk that I would get the job.

This all happened nearly 6 months ago, but I just checked & they have the exact same job posted again.

 

Thanks for the advice everybody.

Yes, I could live on UI & savings for quite a while if I had to. Plus, in the event of a layoff I would get a pretty good severance package. So it wouldn't be the worst outcome in the world.

At some point, I will send a request for my personnel file, without specifically mentioning the non-compete. It sounds like this definitely would not be a fireable offense, since I am legally entitled to the file. If it leads to a layoff, well, then that's their loss.

Unfortunately, in my industry it is pretty much impossible to get a job without a non-compete. I really hope that the US will legislate a ban on non-competes someday. They're bad for workers and bad for the economy overall.