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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I signed an employment agreement to give 100 days notice prior

Customer Question

I signed an employment agreement to give
100 days notice prior to leaving. Also the practice
has me traveling to different locations than
the 4 I was contracted for. My first paycheck was short 9hours
and I was not paid for 2 days of working interviews. Does the 2 year 10mile
Restrictive covenant still apply, do I still need to
Give 100 day notice or it a breach of contract? , if I quit now
It is a dental practice and I am a dentist
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

So in your written contract of employment the locations you are to be traveling to are specifically stated and there is no clause about those locations changing without notice, is that correct?

Customer: replied 3 years ago.
Yes that's correct
Customer: replied 3 years ago.
Have not gotten a response back
Customer: replied 3 years ago.
Relist: Answer came too late.
Have someone else answer the question
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your post. A different contributor here. I happen to be New Jersey licensed.

Do you still require assistance at this time, or do you wish to wait for your initial contributor? He appears to be offline but I can message him on your behalf. If not, I would be happy to provide you with a response. Please advise.
Customer: replied 3 years ago.
You can help me
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up. Glad to do so.

You asked:
I signed an employment agreement to give
100 days notice prior to leaving. Also the practice
has me traveling to different locations than
the 4 I was contracted for. My first paycheck was short 9hours
and I was not paid for 2 days of working interviews. Does the 2 year 10mile
Restrictive covenant still apply, do I still need to
Give 100 day notice or it a breach of contract? , if I quit now
It is a dental practice and I am a dentist
------------------------------------------------------------
The restrictive covenant and their non-payment are generally unrelated. Unless their agreement with you has no 'severability' clause (a section stating that if one or more clauses or conditions are found to be invalid, void, or breached, the other conditions remain active), their violation simply grants you the right to take them to small claims court or to the Dept of State and seek compensation. But it would not void out the limitations imposed on you otherwise, as those survive the terms. You would still need to give 100 days. However you can possibly send a letter demanding 'assurances that they will pay and honor terms, and in the letter state that if they do not provide adequate assurances or do no pay you by a deadline, you would THEN consider your whole agreement void based on their action, and then use that as a basis to quit the terms. But that is important so as to create a viable paper trail first as to your legal reasoning and logic behind that decision.

Hope that helps.

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your post.

I am just following up if you needed any additional clarification or information. If not, kindly do not forget to positively rate my answers to you so that I may obtain credit for my work. Thank you!

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