Non Compete- New York

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kk2010

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I am currently a pharmacist in New York State.

I'm working for an pharmacy but was offered a full time position at a competitor's pharmacy.

I had been with my current job for a few years but had recently returned from maternity leave. I decided to leave my current position because they were planning on cutting my hours to part time. I had previously expressed, to my current employer, my desire for a full time position (for my family/children's sake), but since they over hired people (while I was away), they are unable to give me a full time position at this time.

I am unsure if I signed a non compete with the current pharmacy- but if I did, would I not be able to accept a position at the competitor's pharmacy or is it ok to accept as long as I do not violate the terms (ie. I don't plan on giving away any trade secrets or taking any patient/customer lists, etc.) ?

Are companies legally required to provide a copy of the non compete to the employee? Since I am unsure if i signed one, is it valid to ask my current employer to view my employee records to determine if i signed one or not? Would there be a best method to request this information without arising suspicion, if at all possible?

Thank you ahead of time for any advice.
 
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Only an attorney who has reviewed the (supposed) agreement can give an education opinion.

One question though. Were you on FMLA leave for your pregnancy/birth and were you working full-time before that?
 
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