Legal Question in Employment Law in California

terminated in violation of emp. contract
I was hired 11/2000 as an Art Director for a Web Design firm in LA and forced to sign a 2-year emp. contract (w/non-compete/exclusivity clause) that grants me a min. of 1 month severance. It also states that if I am terminated I must be notified in writing. Last Fri. my boss said he can't pay me anymore and he's letting me go but he doesn't want to pay any severance pay nor does he want to give me a letter stating that he's terminating our contract. 2 questions: 1) does his failure to pay my salary represent a breach of contract such that I am free to seek other employment without worrying about compete/exclusivity; 2) he provided a computer for me to use at home (no office)-can I keep it in lieu of severance with or without his consent?

Asked on 2/05/01, 4:26 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: terminated in violation of emp. contract

1. yes, it is a breach. also, a non-compete clause is illegal in CA.

2. Only with consent

BTW, he still has to pay you the full 2 years.

Answered on 3/20/01, 1:43 am

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