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Welcome and thank you for your questionI 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 ratingSo 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?
Thank you for your follow-up. Glad to do so.You asked:I signed an employment agreement to give100 days notice prior to leaving. Also the practicehas me traveling to different locations thanthe 4 I was contracted for. My first paycheck was short 9hoursand I was not paid for 2 days of working interviews. Does the 2 year 10mileRestrictive covenant still apply, do I still need toGive 100 day notice or it a breach of contract? , if I quit nowIt 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.
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