Salary cut after signing non-compete - Is it valid?

I signed a noncompete disclosure 4 years ago that said I signed it as an acceptance of the offer of employment. My offer of employment specifically stated a starting salary and hourly wage. In the last 2 years I've received pay cuts that have put me well below that starting salary. Does this make my noncompete invalid? I've not been asked to sign a new one to reflect the current salary/wages...


2 answers  |  asked Nov 18, 2003 4:32 PM [EST]  |  applies to Illinois

Answers (2)

Alejandro Caffarelli
Depends on Language

Whether or not this noncompete remains valid under these circumstances really will depend on the language of the agreement with regard both to its overall enforceability and second with regard to whether the other provisions are contingent upon maintenance of the salary level indicated.

posted by Alejandro Caffarelli  |  Nov 19, 2003 08:53 AM [EST]
Aaron Maduff
Salary cut after signing non-compete - Is it valid?

Non-Competes are often drawn so broadly, that they are not enforceably. Therefore, regardless of salary cuts, your non-compete may not be enforceably. On the other hand, once you have signed it, salary cuts will generally not effect its enforceability, unless it specifically references the salary.

posted by Aaron Maduff  |  Nov 18, 2003 5:34 PM [EST]

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