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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11332
Experience:  Licensed Texas General Practice Attorney
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I am the employer. I have lost the employees employment contract.

Resolved Question:

I am the employer. I have lost the employee's employment contract. The employee refuses to give me a copy, or has lost his copy of the contract. I am not aware of every provision of the contract. Does the employee have to give me a copy of the employee/employee contract? Dr. Bruce XXXXXXXXXX CEO XXXXXXXXXXX XXXXXXXXXXX, Inc.

Submitted: 10 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 10 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. The employee does not have to give you a copy of the contract. There's nothing that says that this is the case. But if you were to breach a material portion of the contract, and you could establish that you attempted in good faith to be in compliance with it, but due to the employee's own "bad faith" (in not providing you with a copy so that you could review it and attempt to stay within the boundaries of the contract) the court probably would go very easy on you.

ScottyMacEsq :

They might deny attorney fees to the other side, and in fact could potentially award you attorney fees.

ScottyMacEsq :

One of the implied covenants in any contractual relationship is the "covenant of good faith and fair dealing", and if the employee is not giving you a copy of the contract so that you can attempt to comply with the terms then that would be a breach of that covenant.

ScottyMacEsq :

Again, there's no requirement that he give you a copy of this, but if you can trace any "breach" by you to simply not having a copy of this agreement, and could show that you attempted to get a copy from him, then a court would go very easy on you, and possibly not even assess any damages other than an order to make it right.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11332
Experience: Licensed Texas General Practice Attorney
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