Legal Question in Employment Law in Georgia

I am a model in Atlanta, GA. I am working with an agency that booked me for showroom work back in August. Their payment terms were the standard "most in 30 days, but up to 90+ days" which is in all my contracts. I worked with 6 other models. I have been booked for a client this week as a sales person, not a model, with the same agency. I have not yet been paid for the 1st booking, and neither have the other 6 models. We are not to 90 days however, I was told "check is in the mail" a couple of times and it still hasn't shown up. The client I am working with this week has offered me a sales position for all his shows. He wants to book me outside the agency as he is not happy that his girls aren't getting paid! I am very frustrated as well with this agency, as they are very unorganized and have sent me to bookings where the client had revised his order and they neglected to tell me and so I was sent home, costing me money and time! I would love to cancel with the agency, but there is a non-solicitation/compete clause for 3 years to work with current clients. Is there any chance of getting out of the clause by going through one of my other agencies to book this job? I don't mind going through an agency, but all my other agencies pay in 30 days and are well organized. Is the client bound in some way to only book me through this agency since that is how he found me to start with?

Asked on 10/20/13, 10:16 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC
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No one can possibly tell you without reading the contract.

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10/20/13, 10:18 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys
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Mr. Riddle is correct. You should have an attorney review the restrictive covenants (and all other agreements) and advise whether they are enforceable or not. That is the only way to know.

Regarding the client, it depends on whether or not it has a binding contract with agency. If not, then it would not be obligated to use that agency.

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10/21/13, 7:49 am

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