I have a signed non-compete. I believe that the employer has broken one of the covenants. Is it still enforceable
The covenant that was broken is the compensation portion at the time of termination. The covenant stated that it was due at the time of termination and it has not been paid. It is now 2 months later.
There are additional factors that may also make the contract less enforceable but I do not know if they are as strong an arguement.
1) Other employees in the exact same role as I had when I signed the agreement do not have non-compete agreements.
2) Prior to termination, I had a job role change where I signed a new job description and others in that role do not have non-competes.
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