State of Iowa - Cosmetology breach of contract by employer

[kalli01]

A cosmetologist finds out the salon owner is paying 5% less commission than what was agreed upon in the employment contract. This was determined two years later based on research done by the cosmetologist and not the salon. In the same employment contract, there is a non-compete clause stating 3 mile radius from said salon and 12 months. In addition, it states no soliciting of salon clients.

Said cosmetologist made the decision to go into business for herself. The location she found was 2.3 miles from the original salon and there was no other place closer than 8 miles after that.

Question #1: Because the employer breached the contract on salary, does that make the entire contract including the non-compete null and void? What if the employee signed it but the employer didn't?

Question #2: Are the clients seen by said cosmetologist at the salon technically the 'salon clients' if they came to the salon following the cosmetologist from their previous place, are friends and/or family, and are referrals from current clients?

Any insight would be greatly appreciated!

 

[army judge]

Your analysis of what constitutes a breach means nothing.
Only a judge or jury can make that determination after a trial.
But, you sue them, and I can guarantee they'll sue you.
Look at what you've done.
You need to sit down and have an attorney review the original thing you're calling an employment contract.
It might NOT be a contract.
If it isn't, then plot your next steps.
If it is, you may have remedies, if your analysis is correct.
By the way, never sign ANY employment contract until YOUR attorney as reviewed it and advised you accordingly.