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For a non compete to be enforceable, it has to be reasonable in both geographic scope and time frame, and it has to protect a legitimate business interest.
Here the geographic scope of two entire States does not sound at all reasonable, and I doubt that could be enforced.
The bigger issue though, is what does the non compete protect? A non compete cannot be used to just eliminate competition... it must actually serve a legitimate business purpose. In this case, it is possible that you could gain the loyalty of the students, then split off and take the students with you.
But you only worked for one day? If that is the case, it does not sound like it could be enforced.
Another issue is how far away the new school is.
BUt aside from all of that, you signed a non-compete based on a proposed salary. They cannot take that away and still expect the non-compete to be enforced. Very doubtful given the circumstances that it would be enforced.
As for your pay, they have to pay you at least minimum wage for hours worked, even if it is only a commission only job. No matter what, you have to be paid minimum wage. So, they definitely owe you for hours worked, even if you agreed to work for commission only.
I see. Well, I can't tell you whether he will try to sue for breach of contract or not. People sue for things they can't win all the time.
Even at 1 month, I doubt the agreement would be enforced. As for sending something to your former employer, that can work both ways. Generally, if you are on decent terms, it is better to try to resolve it. You do have a wage claim against him... so you could use that as leverage.
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