Legal Question in Business Law in New York

Read the contract carefully. The employer may have agreed to pay expenses only for that year. In that event, the employer has fulfilled his obligation and there is no breach of the contract.

If there is no length-of-time term on the payment of expenses by the employer, then you may have a breach situation; lots of things can figure into whether there is actual breach of a contract. However, if that is the case, you would be entitled to sue the employer for specific performance; that is, you could ask the court to require the employer to fulfill his part of the bargain.

Even if the nonpayment is a breach of a contract, the breach does not necessarily void a noncompetition agreement, even if that noncompetition agreement is in the same written agreement that may have been breached.

You should speak with an attorney who is local to you to help you with this matter. I'm at the other end of New York State so I would not be the appropriate lawyer for you, but there are firms with good lawyers in or close to your zip code. Some firms give free initial consultations, others don't. Ask when you call for the appointment. Be sure to bring the contract with you to your consultation. If you need a referral, visit www.nysba.org ; that's the NYS Bar Association's website, and they have an attorney referral program.

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