unpaid wages & non-compete

Have an employer who did not pay salary for 3 months. I left after those 3 months and started my own business in similiar field.

They still owe salary from when i left last august 2003. They have paid a small amount.

Question: We had a non-compete agreement for 2 years. They are threatening me with the fact that the contract is still enforced even they they did not pay salary for months. They say it is enforced as they "intend" to pay.

Are they right and is the non-compete still binding?

1 answer  |  asked Apr 29, 2004 05:59 AM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
you have a lot at stake

noncompetes are generally, but not universally, unenforceable in california. however that does not prevent a company from suing you and forcing you to spend a great deal of money to defend yourself, which could hurt your fledgling business if word gets out. you should be consulting pronto with an attorney experienced in employment law and litigation, and especially in noncompete agreements. spend a little to protect a lot.
janet m. koehn

posted by Janet M. Koehn  |  Apr 29, 2004 3:29 PM [EST]

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