if your employer violates a clause in an employment contract, can that void the contract?

UPDATED: Oct 1, 2022

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if your employer violates a clause in an employment contract, can that void the contract?

If you have a employment contract and inside the contract under commissions it states that 100% of the commission is payable 1 month after final payment from the client. In my case the company was going to pay 50% during a pay cycle April 13th and the remaining 50 during the next pay cycle April 27th. I

received the 1st payment on April 13th, but the day the second payment was due the other 50% I found out the company pushed the payment. I finally received the final payment on June 8th. Definitely not in line with my contract. I may leave my company but I have a non-compete in my contract. I need

to know if the company can hold me to this non-compete?

Asked on June 13, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you left prior to receiving the payment, you may have been able to leave and escape the non-competition agreement. But you waited and received the payment, meaning you gave them the chance to "cure" the violation. By accepting the cure, you waived their breach: it does not provide grounds to let you out of your own obligations.

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