vaca pay & non compete

[progdude]

State : Florida

Comp. i started with 5 years ago has entered into some fairly bad financial trouble, when i started with the company. i had only signed a non-disclose, i do not recall ever signing a non compete although i may have been required to a year or so ago or be immediatly terminated, and all those hired after me where required to sign upon hire.
My question(s) is this....

1. more than once our paychecks have bounced, is this a breach of employement and negates the non compete ( for those that did sign it).

2. Fla is an "AT WILL" & "right to work "state, is a non-compete enforcable?

Non-compete is in effect for 2 years, with no comptition with "Like Companies".

3. Being Salaried we are NOT paid overtime for required extra hours worked, if employement is terminated part way through a pay week is the company liable to pay for the entire pay period?

4. Can company require a non paid day off for those same salaried people ( ie dock them a days pay for XMas Eve) which is not a listed company day off?

5. one employee has had the company deduct his child support from his pay, the company has NOT consistantly ( regularly misses 2 months at a time, makes partial payment etc.. ) paid this money to the state, would this act negate any non-compete?

6. If salaried, and vacation accrual is mentioned as a company benifit, is un used vacation required to be paid at termination of employement?

 

[cbg]

I can't answer all your questions but I'll do the best I can.

1. Whether the bouncing paychecks is enough to invalidate a non-compete, I can't say. But it's certainly something you can report to the state DOL.

2. Although I have had employees in Florida, I've never had occasion to determine the state's position on non-compete agreements. Possibly one of the lawyers will be able to assist you with that. But I doubt that either of the factors you name will have any affect on whether a non-compete is enforceable. Right to work means only that you can't be forced to join a union in order to get work; it has nothing to do with your situation. And quite literally, 49 out of 50 states are at-will states and I know for a fact that some of them do enforce non-competes.

3. No, the FLSA specifically makes exceptions for the first and last week of work. Only the days actually worked need to be paid.

4. No, not unless NO work was performed for the entire work week. But they can require you to take vacation time for such a day.

5. I don't know, but I seriously doubt it. The two have nothing to do with each other.

6. Although salaried vs. hourly has nothing to do with this one, it depends on company policy. The state of Florida requires that vacation time (NOT sick time) be paid out unless there is an agreement to the contrary. So if your company has a policy that vacation will not be paid out under certain circumstances, they don't have to. But if the policy is to pay out vacation time, OR if they have no policy at all, Florida law would compell them to.

Although I'm not positive, I truly do not believe that any of the factors you mention would negate a valid non-compete. But that doesn't necessarily mean that a non-complete IS valid (or that it's not). Try talking to the state DOL. And if you don't remember signing the non-compete, ask for a copy.