If I’m under an employment contract and the terms are net 30 days on pay but my employer is not paying me for 45 days, can I get out of the contract?

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If I’m under an employment contract and the terms are net 30 days on pay but my employer is not paying me for 45 days, can I get out of the contract?

Does his breach void it? I have a non-compete agreement that I want out of so that I can go to work directly with the vendor.

Asked on April 16, 2013 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Speak with an attorney before acting: since the potential consequences are considerable, you want a lawyer to evaluate the situation in detail with you. That said, the short answer is, a "material," or important, breach by the other party will generally allow you out of the contract and your obligations under it. The key issue is whether or not, on all the facts of the situation, a 15-day delay in payment would be considered sufficiently material--that's what you need to review with the attorney.


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