If an employer changes your pay structure from salary to straight commission, is the non-compete you signed still enforceable?

Asked over 4 years ago - Fort Lauderdale, FL

Signed a non-compete while I was a manager with a straight salary and monthly expense reinbursement. Since then, my position has been demoted to sale, my salary and expense account taken away and the commission structure of the company has been decreased by 15%. Based on these details, is my non-compete agreement still enforceable. Seems that the company has already breached that agreement. Do I have any rights to legal action.

Attorney answers (2)

  1. Daniel Jon Woodring

    Contributor Level 14


    Lawyer agrees

    Answered . This answer should not be considered specific legal advice, nor does it establish an attorney client relationship. This answer really depends on the terms of your non-compete agreement -there may be an argument that you signed it and in return they gave you certain conditions of employment, but remember that most non-compete agreements are designed to be in effect even if you were laid off. If you are predicating your livelihood on whether the agreement applies to your situation, you really would need an attorney to review the entire agreement for you, for there are other issues to consider as well.

  2. Earl Kenneth Mallory


    Contributor Level 16


    Lawyer agrees

    Answered . You should seek an attorney to review the agreement. In addition, since you are no longer a manager, you may be entitled to overtime benefits for which you have not been paid.

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