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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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The company I work for failed to pay the employee insurance

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The company I work for failed to pay the employee insurance premium on time and my insurance was cancelled for at least a week and then reinstated. I'm worried this is a trend as they have been really late paying me back for expenses as well. Is there anything I should be doing?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I live in Illinois but company is located in Kansas.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I receive a full time salary, but I think I'm at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so....thanks!

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, law can do very little preemptively. Courts and agencies don't get involved in speculated potential issues, even when there is a demonstrated chance of them happening. Instead, these things can only be corrected after the fact.

All you can really do is document expenses and pay issues, if they arise, immediately and completely. That way, if you must end up litigating a matter, the documentation already exists.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 4 months ago.
My concern is that fact I signed a non compete. In theory, should I leave or be terminated, the fact they violated the agreement to provide insurance, doesn't a non compete become violated...I'm talking from a very high level here. I understand that I'm not providing very specific information. Thanks

Failing to provide insurance for one week isn't enough to completely invalidate the contract, unless the non-compete itself says as much.

To truly breach a contract, there has to be a material breach, meaning the breach has to touch and and impact the consideration of the contract itself. Failing to pay you for a significant period of time, following requests for "cure" by you would count. Certainly, numerous examples of minor breaches, following complaints by you about those breaches, and failures to cure can reach that level.

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