Employment Law Questions? Ask an Employment Lawyer.
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When was the money due to be paid to you? Has the deadline passed? I very much look forward to helping you on this matter.
The fact no money has yet to change hands would not in itself allow you to cancel the contract. What may potentially allow you to cancel the contract is if you are not paid on time. You could argue that not being paid constitutes a "material breach" of the agreement. A "material breach" is a breach so significant that it deprives the other party of a "substantial benefit" from the agreement. Only "material breaches" can be grounds for canceling a contract. Whether the failure to pay you is a material breach would be something for the court to decide--it is an argument you would have to make if you were sued, which means there is no way to definitely know where you stand until a lawsuit has already been filed. Nonetheless, this would be your argument.
As for whether you can get out of the non-compete if you quit or are fired, you almost certainly cannot get out of it by quitting. Whether you can get out of it if you're fired will likely depend on whether you were fired for good cause. If you weren't fired for good cause, you can argue that enforcement of the non-compet would impose undue hardship on your and thus that the non-compete is unreasonable. Only "reasonable" non-competes are enforced under NJ law. Again, though, whether the non-compete is reasonable wouldbe something for the court to decide, which means you'd have to wait and be sued and then raise this argument as a defense.
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Yes, you could argue that this is also a material breach of the agreement, thus entitling you to cancellation. I hope this helps. Again, please feel free to let me know if you have any further concerns.
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Proof is always difficult when it comes to verbal contracts. Your personal testimony would be admissible, as would your journal, witness statements (if applicable) subsequent emails or text referencing the agreement, etc. Basically, anything that tends to support that the verbal agreement was made.
I hope this helps.
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