I signed a non compete. I left because payroll was late every week...checks bounced. Is it enforceable?

I cannot support my family because my trade is very specific. Pay was days late for almost a year.
Additional Details
When I started the job I signed the non compete. As I worked for the company(about 14 months), it became apparent they where in financial trouble. Checks to myself and others where always late or bounced. The clause states I cannot practice my trade for one year after I left and is an unreasonable geographic area. I just whant to know if A: the employer should have fault in my leaving. B: If because my trade is very specific and the only other job I can find is closer than I would like, if I can be stopped practicing my trade and be prevented from supporting my wife and three kids.

Just a note...I did not have and could not find a job from when I left in Jan. till now.

It's impossible to say without knowing the case law in your state. It could be that you had every right to terminate your contract due to the series of breaches by your employer. In any event, non-compete clauses are often thrown out when a court determines that it would be inequitable to enforce them due to the employer's conduct.

You should consult a good employment attorney, and you should consider suing your employer peremptorily and seek immediate injunctive relief to establish your right to compete if your attorney agrees that this would give you a tactical advantage.

Good luck!

Marvin the Martian

A question for a lawyer. Without looking at the document none of us know what it is you agreed to, and few of us would know the laws under which the contract was created.

Helen W.

I'm a lawyer.

You have to ask a lawyer in your state this question. Noncompetes are complicated, the laws very a LOT from state to state and there are a lot of variables.

Also you need someone with a legal mind to help you think this through. For example, you've said that the geographic limitation is "unreasonable". How do you know that? And do you know what it means? Even if it IS unreasonable, in some states all that means is that the judge will tighten it up, but still enforce it.

In my state, at least, noncompletes are enforced all the time. I almost NEVER tell a client that a noncompete is definitely unenforceable.

Paul

Your question doesnt make sense. You signed a non-compete clause and are asking if it is enforceable??

goz1111

I would consult a lawyer but in general, the courts in the US are not keen on enforcing a non-compete clause, therefore, even if you signed it, the agreement based upon scope, geographic area , etc maybe invalid plus you add in the additional part that the company breached their part of the contract as toward checks bouncing etc

Amarkov

The contract presumably also specified that you would be paid in a timely manner. Thus, if this was not the case, your employer broke the contract.

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