What are my rights if I signed non-compete with my employer but they have failed to meet agreed salary amounts?

UPDATED: Mar 13, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 13, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption