Legal Question in Employment Law in Texas

Contract law

My fiance is a doctor who is under contract to a clinic. She has also agreed to do hospital work for which she would receive 1/2 of the fees while 1/2 goes to the clinic. So far, the clinic has failed to file on the majority of claims for her and she is owed several thousands of dollars. She has made numerous attempts to push her employer to pay her what is owed with minimal result. Now, she is fed up and wants to resign because she is not being paid as well as being treated with very little respect given to her regarding her education and position by her employer. A proviso in her contract, which is automatically renewed annually, says if she resigns she cannot work within 35 miles of the clinic. Would this non-nompete clause hold any legal standing since we believe, in essence, that her employer has effectively breached her contract by not paying her as outlined in the contract. Could there be legal grounds to take action against the clinic for what is owed?

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