illegal action voids non compete?

A few weeks ago, my company began withholding checks from me. This has gone on for the last three weeks due to collection issues with some of my clients. I am a commision only employee. since that time if there were 7,000 outstanding that was overdue, at least 9,000 of a combination of overdue and current has come in. I have spoken with a lawyer friend of mine and he stated that was illegal in indiana to hold my paychecks. I am willing to work with them to get there payments in and make sure that all of my accounts have and will pay. My question is this, by doing this illegal witholding of my check will it break my non-compete? Am I legally bound to honor this agreement when they did not treat me legally or can I move on to another company (or form my own) Many of my clients have recently stated they will not do business with my company if I leave. Help would be appreciated!

1 answer  |  asked May 1, 2004 12:01 AM [EST]  |  applies to Indiana

Answers (1)

Brenda Franklin Rodeheffer
non-compete

It may void the non-compete, but it may not. This is one of the toughest employment questions to answer. You need to have an employee experienced in the area analyze your pay structure, your actual work and your non-compete.

posted by Brenda Franklin Rodeheffer  |  May 3, 2004 11:11 AM [EST]

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