An employee was working as a tutor for a California company, and reached a point where he wanted to resign. His employer still owed him a substantial amount of money. Rather than paying him on the date that payment was normally made, the employer said that he would pay him "soon".
The employee was approached by a student whom he had tutored, and agreed to provide tutoring services to that student.
The employer then contacted the employee to come in for payment. The employer presented a contract that had a non-compete clause and said that the employee had to sign it or he would not be paid. The employee didn't work there any more, so he signed. The employer then pointed to a clause that said that the employee would owe $15,000 in damages if he performed work for a client of the employer after resigning, and said that the employee now owed the employer $15,000.
Can the employee get paid, and can the employer impose that penalty?

