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If N EMPLOYEE BROKE THEIR EMPLOYMENT CONTRACT NON COMPETE,

Customer Question
DO I HAVE TO PAY...
If N EMPLOYEE BROKE THEIR EMPLOYMENT CONTRACT NON COMPETE, DO I HAVE TO PAY THEM ANY VACATION?
Submitted: 2 years ago.Category: Employment Law
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9/17/2015
Employment Lawyer: John, Employment Lawyer replied 2 years ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,796
Experience: Exclusively practice labor and employment law.
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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.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it's the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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Category: Employment Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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