I work for a company that does not poay it’s employees when they are supposed to. We get paid - it just may be 6 weeks later.
I am already hired at anopther job and this new job could be a competitor to my current company. I do not remember if i signed a non-compete and I cannot ask HR as HR is the owner’s sister. I don’t want my intentions known until I turn in my notice.
Do I have legal means to void a non-compete, if I signed one, based on slow wage paying?
Welcome PawPaw.
I would talk to a lawyer in your state.
Lawyers cost $.
Some times not talking to a lawyer cost $$$$$$$$$$$$$.
Not a lawyer but that never stops me. I have watched many court caes and quite a few of those TV court cases (which are really arbitrations in disguise). The following is what I feel has been the outcome of those.
A non-compete is a contract/agreement. As with most contracts (kinda covering my rear), a court will look at the written contract as the entirety of the agreement. For the most part, a judge looks at the document and may perhaps interpret it based upon language and what the understanding was of the parties who signed it. By the way, also in most cases, a written contract or agreement cannot be modified by verbal before or after the fact changes.
Thus, does the non-compete mention non or slow payments and what subsequently happens to your ability to work for the competition? I am guessing not.
Your state workmans comp department or labor laws may cover this but I am going to guess not. If all are silent on the issue, then a judge might consider what is best for the parties and whether the non-compete was legal or binding based upon case law or common sense. Usually a contract such as this is created by an organization and then signed by them and the worker. If there are inconsistancies in the wording, the point will probably go to the worker.
I would look to your state (and the state where the company is licensed/resides) to see if there are laws or guidence. Otherwise a lawyer might be your best bet.
It might be worth checking to see if any fellow employees quit, went to work for the competition what the company response was.
He could also go to the web page of the local district court and see what suits have been filed by and against the employer. In some jurisdictions you can read those files online, otherwise you have togotothe court house to read the files.