QUESTION
Is this a breach of contract, if so, when was the contract breached and by whom?
Asked on Oct 31st, 2017 on Breach of Contract - Florida
More details to this question:
I am a CNA sub-contractor, I contracted with a company that provided uniforms etc. I received a 1099 at year end. My paychecks kept bouncing so I quit the company. There was a no-compete clause in the contract. I am under the impression that when my paychecks started bouncing the contract was considered a breached contract. Is this true? I am employed with another company and my patients was to switch over the case manager told the patient they can NOT switch to a company I work for because of the 'no compete' clause.. help...
1 ANSWER
It appears that you have a good claim that the non-compete clause is null and void due to the other party having materially breached hte contract by failing to pay you in a timely fashion. In addition, non-compete clauses are looked are scrutinized closely by courts, and it may be that yours would be deemed unenforceable regardless of any breach. However, you can't expect the other party to simply agree that your obligation is cancelled, or any third party to take a chance that the clause may be enforced. You have to sue to get a court to declare that you are not obligated.
Answered on Oct 31st, 2017 at 12:15 PM