Patterns of dishonesty

I am a former sales rep for a company where I have a non-compete and an arbitration clause in my contract. I have a volume of emails that show that my former employer was dishonest. For example, they decided at the last minute to move sales made in December to next year to avoid paying a bonus. The following year, they claimed that they did not keep records of accounts receivable as an excuse for not paying a bonus. Would the pattern of dishonesty show a breach of contract?

1 answer  |  asked Dec 14, 2011 07:49 AM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
It is possible that the non-compete could be found unenforceable by a court because of the facts you state, however it's a touchy situation. It would be crucial to obtain written policy on bonus payments as well as evidence that the employer is not following the policy.

Moreover, if your employer is playing games with the books in contravention of their tax filings, the IRS will want to know.

This situation requires consultation with an attorney.

posted by Neil Rubin  |  Dec 14, 2011 10:26 AM [EST]

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