Employer Not Paying

[perftest]

Hi,
This year I received my GC and completed 6 months with the company. IRS found that company not paying taxes and employer stopped paying for employees. Recently, employer made a partial payments to employees by depositing checks. Checks got bounced due to insufficient funds. Employer is not responding to phone calls and emails. But he is receiving amount from clients. Due to "Non-Competent and Non-solicitation" clause in contract, employee not supposed to work for the client directly after leaving this employer.

Question:
Does this "Non-Competent and Non-solicitation" holds good still if the employer is not paying? client is willing to work with employee either as contractor or employee.

What are the other ways to get the salary paid?

Please advise.

 

[Jackolantern]

If you are a W2 employee, failing to pay you is a serious violation. Report them to your state's department of labor, and/or get a lawyer to send them a letter to demand that they pay your salary (the lawyer letter usually makes them respond faster).

Does this "Non-Competent and Non-solicitation" holds good still if the employer is not paying? client is willing to work with employee either as contractor or employee.

Ask a lawyer for a proper answer. There are state-specific labor laws that govern that.

However, if they have laid you off or are not paying the salary they owe you, and they take you to court because you joined the client, the court is not likely to believe their claim that your services are so important to the company that they need the protection of a non-compete agreement to prevent you from joining the client.

Also talk to the client who is your potential employer and let them know the situation; find out if they'd be willing to help defend you in court or otherwise influence the company to back off.