What are my rights if I signed non-compete with my employer but they have failed to meet agreed salary amounts?
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What are my rights if I signed non-compete with my employer but they have failed to meet agreed salary amounts?
The contract states term, “The terms of this agreement will commence on the effective date and will continue until terminated by by the companies at any time for any reason or no reason whatsoever or by the employee on thirty (30) days notice ( the term )”. I wish to work for another company in my field of expertise and to me this reads like I can terminate the contract / non-compete with a 30 day notice of intent to separate. Since signing the contract they have paid me my salary less than 1/2 of the total time passed. Would either of these be a route to have a lawyer pursue a termination of the non-compete?
Asked on March 13, 2015 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
From the language you quote, it appears that you do have a right to terminate the contract on 30 days notice, but you only quote a small amount of language--for a more definitive answer, have an attorney review the entire agreement with you.
As to salary: if salary was part of the contract (e.g. it stated what you were to be paid), then your employer's failure to pay that amount could be a material (important) breach of the contract, allowing you to treat it as terminated. But that's only if salary is part of this contract and the employer is violating that term. If salary is not part of this contract but was merely what you otherwise expected or were you told you'd be paid, it will generally not affect the validity of a non-competition agreement.
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