On the ever-popular topic of non-competition contracts, I continue to get tons of questions. I’m answering even more today. Is My Noncompete Agreement Enforceable If My Employer Owes Me Wages? Q: My former employer wrote such an ambiguous non-compete it virtually removes any chance of me finding any work in my field. 9500 and say they don’t pay unless I supply them with proof I’m not competing.
They made exceptions to thenon-compete during my employment and now say that I’m violating the contract by carrying on to do the exceptions that they allowed. These are in Illinois – I am in Florida. Hi, Mr. SENIOR HIGH SCHOOL. You increase several interesting issues, so I’ll touch on most of them quickly.
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The one that I hear most often is whether a noncompete agreement is enforceable if your employer owes you wages. The answer is an impressive, clear-as-mud, maybe. If your noncompete agreement is part of a job’s agreement that sets out your wage rate and other terms and conditions of work, then the failing to pay those wages is a breach of the contract.
If they breached before you began working for a competitor, then your breach should eliminate your obligations. However, this might vary from state to state (and judge to judge) therefore I can’t predict what sort of judge in the state where it results in court would view it. If the noncompete agreement is independent and doesn’t include any claims about wages, the issue is less clear then. I’d still argue that the failure to pay the wages owed negates your obligations, however the question would depend on the specific facts and contract language really. I’d suggest talking to an employment lawyer in your state about this to be certain.
You also point out that they’re in a different condition than you. If the agreement says that state’s regulation applies, then that’s probably that condition law you will be dealing with. If the contract is silent on which state’s law can be applied, it’s most likely the state where you carried out the agreement. My Company Lost Its Contract – Can I Stay? I got two questions on this topic.
Hi, I signed a contract with an organization that expresses I cannot work for myself, or any other company in my own line of occupation for 1 yr.My agreement is in may and my boss has transferred to South America up. Since being over there he has messed my wages up and hardly replies to my emails.
The customers aren’t contracted with the corporation and I’d like to take them on myself. If my company went elsewhere and I overran the duties for the customers they left out, where should I stand? Hi, Lee. I replied the pressing concern about the unpaid wages above.
I’ll answer your question about your business moving after the question below. Appears like this is more of the hot topic than I understood. I am a sufferer began working for company x in March 2004 also–I. A while when I started, the manager’s position came open plus they offered it to me.