Normally they would pay me my commission a month after the jon biils. So August billings I would be paid commision in September. I left the company 9/14 and have still not been paid my commission from August. They said they will pay it when all invoices are actually paid and this is not how it was done in the past. I have called HR and asked for a status on my check and they say they will call back and do not. I emailed accounting the invoice numbers asking for an update and they do not respond either. A- Does this void my non-compete for a breach of contract B- how long do I have to wait to take legal action to get paid?
Lawsuit / Dispute Attorney
Your answer lies in the contract. Check the severability clause. And, read the entire contract in context and in complete form.
Generally, the violation of one provision of a contract does not void the entire contract. Specifically to your dispute, no one can opine without reading the contract.
See and hire a local lawyer to help you if you do not understand the contract provisions by reading them yourself.
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Employment / Labor Attorney
It is unlikely that such a breach would void the non-competition provision. You should consult an attorney to get the commissions and determine whether there is a basis given the language of the agreement to void the non-competition provision based upon the breach. You might also be able to sue to rescind the provision. However, do not violate the provision without consulting an attorney and seeking a judicial determination first. It could get you in signficiant trouble.