I am currently employed by a real estate development firm. My compensation is structured in such a way where I receive a salary, as well as bonus compensation for achieving certain milestones (financial closings, percentage of fees earned by the company, etc). There are contracts specific to each project that I source. In my unqualified opinion, those contracts are very clear about the bonus amounts that should be paid and when those bonuses should be paid. There is a considerable amount of bonus compensation that has accrued, but has not been paid to me. I have been informed by my employer that these accrued bonuses will be paid monthly via a "payment plan". None of the contracts contemplate a mechanism for a payment plan and I am obviously not agreeable to a payment plan considering that is not the payment arrangement detailed in the contracts. I have scheduled several meetings to discuss the bonus compensation issue with my employer, but they have consistently been dismissive of the issue. Needless to say, I feel like I am at the point where I need to engage an attorney.

I recognize going down this path will almost certainly result in me finding a new employer. I have a noncompete agreement with my employer, but I am unsure of the enforceability of such an agreement. The noncompete agreement is dated 11/6/17 and the "Employer" is actually defined as our affiliated construction company. Payroll was previously processed through our affiliated construction company, but that has not been the case for approximately three years now. Also, my employer never signed the noncompete agreement. It seems like all of those facts would make the noncompete agreement unenforceable, but I do not want to assume that.

In summary, I am looking for an employment attorney to help me with the following:

-Review contracts/determine enforceability
-Review noncompete agreement/determine enforceability
-Advise me on the best path forward

Please PM me with any referrals for employment attorneys. I am also happy to discuss further offline. I have cross-posted this in the Real Estate forum.

OnlyForNow said:

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The non-compete is based on your bonus structure. You can go somewhere else and they keep your bonus.

But sounds like they are cash strapped…

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This is all it is. They don't have the money to pay right now. Trying to kick the can down the road.

https://dormanbell.com/about/

Corby Bell can likely help you with this. I used him for a consult on a non-compete recently and had a good experience.

He's an Ag.

RogerFurlong said:

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OnlyForNow said:

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The non-compete is based on your bonus structure. You can go somewhere else and they keep your bonus.

But sounds like they are cash strapped…

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This is all it is. They don't have the money to pay right now. Trying to kick the can down the road.

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Maybe.

Maybe someone else just prefers to put it in their pocket as they don't expect anyone to force the issue.

Could be any of a million reasons. But if they aren't honoring their own payment structure, something needs to be communicated. And stretching out payment generally should be compensated more than the original number.

Have you had a conversation asking them why payments aren't happening when they are payed for the project? And what they plan to do to fairly compensate you for stretching out your earned commissions and adding risk to you?

I know for a fact it is "cash flow" related. They pretty much refuse to have any type of conversation about the topic now. The most recent comment made to me about it was the owners are having to put cash into the company right now and I need to be a "good partner" for now and just accept the payment plan. I was also told not to bring it up again.

Well unfortunately you're already labeled.

I'd get the money they whisk them well on your next adventure.

You're not gonna get anything out of them by lawyering up. The non-payment of the agreed upon bonus structure torpedoes any chance they had at enforcing a non-compete.