Q: If my boss broke our salary contract, does that free me from paying her back for any training? She pays me 1/2
of the contract. I was hired at $48.000 + comm. and a non compete saying I owe her $3500 if I quit or get fired. She pays me $24000 now. Since he broke the contract, doesnt that free me from paying her anything? I had to find a new job to pay my bills
A: It depends on the language of your salary contract as well as the facts and circumstances presented by the evidence. Like other contracts, an employment contract can be modified by the parties. If you and your employer agreed that you would be paid $48,000 + commissions, a breach would occur if you provided all of the services you agreed to provide but your employer only paid you $24,000. On the other hand, if your employer subsequently came to you and said she would only pay you $24,000 in the future and you didn't clearly and unambiguously reject that but instead continued to work for her, it is likely that would be viewed as an agreed modification of your employment contract.
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