breaching contract and NON-SOLICITATION AGREEMENT

New York
If my employer is regularly delay with my paycheck and actually holding some of my payment with no reason, and by this he is breaching contract for not paying me. In this case do I have right to Terminate the contract and NON-SOLICITATION AGREEMENT and go work directly for client of my former employer?

As one of our esteemed colleagues is wont to say, hold the non-compete up to the monitor so we can read it.

Seriously, no one who has not read the non-compete can answer your question. You will have to show it to a local attorney.