I signed a contract that's got a restraint of trade against me if I leave the company. The last 2 months I got paid late, the first month I waited 14 days. My contract states that I get paid a spesific date. I want to know if the contract is in breach and unvalid because of late payment. And if it is unvalid, can the restrait of trade be used against me when I leave the company. Thank you for your time

Hello S:

The details of what you can do or not, should be found IN your contract. If not, then the contract itself might not be valid...

Nonetheless, if one party violates a provision of the contract, that action, by its very nature, breaches the contract...

It's really a matter of what you DO about it, to insure your rights. If you wish to declare the contract in breach, do so in a letter sent by certified mail outlining the breach, and declaring the contract null and void.

If they still owe you money after the declaration, then tell them that if they wish to avoid a lawsuit, they would be well advised to pay you.

Certainly, you're not going to collect future payments under the contract once you declare it void. That's because the entire contract is void, not just some parts. Therefore, any paragraph restraining your trade (whatever that means) would also be void.

excon