Am I still bound by an employee agreement if the employer has stopped paying?

Discussion in 'Archived Threads 2001-2004' started by MikeAlletto, Feb 5, 2002.

  1. MikeAlletto

    MikeAlletto Cinematographer

    Mar 11, 2000
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    0 employer has not paid me for the 31st payroll. Before that he didn't pay the 15th payroll. A week later a few of us got checks, but not everyone. Then they let go 15 people. My employee agreement has a non-competitive clause in it. But the first line of the agreement states:

    "In consideration of my employment by a Delaware corporation (the "Company"), and the compensation now and hereafter paid to me, I hereby agree as follows:"

    A small group of us were going to break off as our own to support the customers as a separate entity, but the CEO is saying that we are bound by the agreement. But right there in the agreement it says "and the compensation now and hereafter paid to me". He has missed payroll for a 2nd time. In my eyes he has violated the agreement thereby freeing us of its terms.

    What do you all think? Anyone know a good lawyer in the Austin, TX area?
  2. Paul Jenkins

    Paul Jenkins Supporting Actor

    Jan 4, 2000
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    Send me your contact info by email and I'll forward you my wife's contact info. She is a Texas attorney who deals with this stuff all the time. We are in Dallas, but the state law is what is applicable, so that shouldn't matter, unless you just want a local Austin attorney...
    Anyway, email me @ [email protected] if you didn't find assistance yet.

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