What are my rights if my employer sent all employees a non-compete contract and told us we signed or were terminated?

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What are my rights if my employer sent all employees a non-compete contract and told us we signed or were terminated?

The contract states that I am to be paid a set salary ” Employee will receive a base salary of $750 per week. The salary will be paid in accordance with the normal payroll procedures of the company and subject to required withholding under applicable tax laws, in such amounts from each of the companies as directed by the president. Employee’s compensation will cease upon termination of the Employee’s employment. Companies reserve the right to pay a higher weekly salary for larger projects, but is not obligated to do so”. They have not complied with their own contract. Can I terminate the noncompete to find other employment.

Asked on March 13, 2015 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF the same contract references both the salary and the noncompetition clause and the company has breached or violated the contract by not paying the specified salary, that would generally provide a basis for the employee to treat the contract as terminated. That is, however, just a general answer: contracts need to be judged or evaluated based on their specific language; you are advised to consult with an attorney who can review the contract's language with you.


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