If I signed a non-compete with my former employer but always paid me late, does this void the agreement?

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If I signed a non-compete with my former employer but always paid me late, does this void the agreement?

I worked for an online company for the last year. My contract was terminated last month. I signed that I would not work with any clients of the company for 1 year after termination. However, we were supposed to be paid every 2 weeks and payments were severely late, up to 2 weeks late. Does this render the contract void?

Asked on January 9, 2015 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, late payments would not void the agreement, since simply being paid late--while understandably and obviously frustrating and complicating for your finances--is not a sufficiently "material," or critical breach, to terminate or void the agreement. You *were* paid for your employment, whioh means your received consideration, or something of value, for your agreement.


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