Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
You could do this only if you have a written policy that eliminates the payment of accrued vacation time upon employee breaching the non-compete. If you do not have a policy that restricts payment of accured unpaid vacation upon termination then you will have to pay that; the department will rule against you. hat you have a claim for violation of the non-compete is a separate matter that you would have to pursue in court, and the department has no ability to rule on that.
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