How Reliable is a Verbal Release

[Pinchy]

My question involves independent contractors in the state of: CA

I requested my Employer/Agency for a Written Release so that I can change to another Agency.

I made the request in e-mail and he replied back stating they are not open to give me any written release of any non-compete and non-solicitation. And said that "You signed an legally binding Employment Agreement with us and we expect you to honor the agreement."

I know for a fact that either I didn't sign one when I came aboard or they have lost it somehow because they've send me a new Employment Agreement and non-solicitation agreement to sign 2 months ago when I requested for any signed documents with them.

I replied back with can you provide a copy of this agreement to me?

Then 30 mins later, he called me and told me to go ahead. I asked him again for a written and he said if he does that for me, he will have to do it for everyone.

Now he did mention that they dont want to play hard ball and it is not right to change agency like that. But given that I've been with them for 5+ years he told me to go ahead with it.

Now how reliable is that? I am afraid that they will come after me in 6 months or so and bite me in the butt!!

Thanks for your helps!

[Mr. Knowitall]

The fact that your employer wanted you to sign a new agreement does not, of itself, establish that you did not sign a prior agreement or that they cannot locate that prior agreement. For example, sometimes an employer wants to update the terms and conditions of its non-compete agreements, and thus has employees sign new agreements with the new language. But given their permission for you to change employer, as you note, the issue is less of speculation about what's in your file and more about whether you can hold them to their word.

One approach would be to send them a letter, directed to whomever the person you're referencing is, stating that as of (date) you are starting employment with (new employer) and thanking him for clearing you to do so. There's no perfect approach that doesn't involve getting an explcit release from them, but if they're on notice and do nothing to dispute your characterization of their consent to your changing employers that can help should it later become an issue.

If your suspicions are correct and they do not actually have a non-compete agreement, you're in good shape one way or the other.

Non-solicitation issues are trickier, as even without a formal contract the solicitation of a former employer's business can involve the use of their proprietary information and create a potential cause of action. I can't really comment on that without the details.

[Pinchy]

Thanks Mr.Knowitall.

Does this letter have to be official? Stamped, dated and certified? or an simple e-mail thanking him is sufficient?

So far I've been only dealing with one person and he is the head of the office. Anyone else I should include?

This thing have been driving me nuts for the pasts months or so........

Thank you for all helped me.