About that "Conflict of interest" thing with your employer

[DBfan187 5,000+ posts]

I think it depends if he signed a 'Non-Competitive Agreement' contract.

 

[snoopdan 5,000+ posts]

Lets say I start fixing computers on the side, do you think the Army cares that I do it?

 

[sound_around]

Ever hear of a term at-will state. It means an employer in that state can let a worker go for absolutely any reason other than discrimination. If the employer feels the employee maintaining a business that cuts into their profits is unnacceptable that is not exactly discrimation. He is screwed.

he has a contract though right?both parties would have to adhere.if he was already doing it and they accepted that and offered him a position then they cannot back up and change the contract that was signed.it would require a new contract be made and signed.btw,even in no fault states unemployment benefits are obtainable.

would i mess with all that bs,NO!i would tell them where to get off,quit when they needed me most and hurt their biz any way possible!//content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

 

[wu36ca 10+ year member]

Army is non-profit and you are simply a cost, they could care less.

 

[wu36ca 10+ year member]

he has a contract though right?both parties would have to adhere.if he was already doing it and they accepted that and offered him a position then they cannot back up and change the contract that was signed.it would require a new contract be made and signed.btw,even in no fault states unemployment benefits are obtainable.
would i mess with all that bs,NO!i would tell them where to get off,quit when they needed me most and hurt their biz any way possible!//content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

No they do not have a contract. He did not give them a contract saying that he would only work there if he could build boxes. THere is probably nothing anywhere that states that.
Plus company policies change all the time. If they enacted a random drug screening policy then he cannot grandfather himself out of that.

 

[93dakota 10+ year member]

If you use ca.com to sell your stuff talk to your boss and make a deal with him that you just wont sell anything local. If he says no to that he is an Jack @$#.

 

[snoopdan 5,000+ posts]

Army is non-profit and you are simply a cost, they could care less.

I think you should be banned for even trying to argue with us //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

dbfan? where are you?

 

[EpicAudio 10+ year member]

I remember my last employer in my contract put a clause that ANY ideas I had on or off the job related to the industry they immediately own the idea.

I even questioned them on this and they stood by it..

I thought it was funny..

 

[tRidiot 10+ year member]

Well, it's a shitty situation.

They can fire your *** for looking at them cross-eyed, so how does anyone think he could fight this?

No, there was no conflict of interest when he started the job. But now the company wants to get into the business, perhaps because they have learned through back channels that he is building boxes for good money, perhaps not. Either way, it matters not.

Options:

1. Keep building and keep quiet. This will almost certainly not work, IMNSHO, especially if you're selling boxes locally. They will almost assuredly find out (through co-workers, people who come into the store to buy, word of mouth, whatever). It's just inevitable. If you do this, and they find out, you're canned. No question in my mind.

2. Stop building boxes at home. Looks like you're going to be building them at work, but not getting the extra dough. Maybe you'll be lucky enough to make some extra at work, as in more hours, some OT, something like that. Maybe not.

3. Talk to your employer... explain to the boss that this is something you've been doing for some time and it was never a conflict of interest and you'd like to keep doing it, but it is NOT a situation where you are trying to steal business out from under them. Maybe they'll be understanding about it and cut you some slack, or work out a deal where you can both make money, i.e., they sell the boxes and you make them at home for a set fee or commission or something. Worst case scenario they tell you tough shit and you need to stop or find a new job.

4. Find a new job. Yes, the terms of your employment are changing somewhat... you are not guaranteed much of anything, you do what they ask you. If your job suddenly involved not just what you do now but also cleaning the toilet once a day, would you throw a fit? Would it be worth losing your job? Perhaps, to some people. Could you go to the labor board and complain that toilet cleaning was not what you were hired for and they were legally obligated to keep you employed in the position and function you hired in under? No effing way, man... your job description changed, that's it. Live with it or GTFO. Welcome to real life.

No one's forcing you to work this job, you're not under an employment contract for a given length of time, so things can change on a whim... good luck, but anything other than talking to your employer I forsee as going badly for you in the longrun.

Just my $0.02.

As for my private ideas being company property, as long as I didn't use company time, resources or materials to physically develop my ideas, they can go get stuffed... and I believe 1000% it would stand up in court. If I work for Boeing designing airplanes and come up with a new propulsion idea which I didn't use their resources to develop, but instead outsourced it or worked on it in my garage (with my own materials), I'd patent it on my own and tell them where to stick it. The burden of proof in that instance is the employer who would need to prove that you used company time and/or resources to develop your private idea. Daydreaming doesn't count as long as your regular work gets accomplished. No company can own your brain.

 

[I Like Waffle]

I work at best buy. Not hard work at all, i dont install im just a salesperson. I love the job, easy as shit. All i do is stand in the car audio dept, listen to my music on the display setups, and sell equipment to the brothas. Id venture to say im more skilled than both the installers there in some areas, although they both know more than me overall id admit.

The newest one they hired to replace me cant even set gains properly i dont think. He thinks gain + bass boost all the way up is a good idea. Infact today i was wiring up some new 10s on the display, and got to looking at the settings on the M1000 they messed with. LPF all the way down to 35, Bass boost all the way up, and gain all the way up. I took some time to set it properly by ear and adjust the EQ and everything so now it sounds decent. //content.invisioncic.com/y282845/emoticons/crap.gif.7f4dd41e3e9b23fbd170a1ee6f65cecc.gif

Ill keep doing work on the side though on the sneak tip, i was building boxes first so **** them. However i dont offer my services to people that come in to buy equipment they sell. I only offer them when asked about something BB doesnt do //content.invisioncic.com/y282845/emoticons/sneaky.gif.7189749b3a3f769e8815b47e8ae87f88.gif

What i eventually wanna do is keep slowly building a business till i have a good thing going to an extent where i can afford to quit my day job. Id like to do things like home theater installs, enclosure building, consulting, car installs, pretty much anything to do with audio is my passion i guess you could say.

 

[Proximity 10+ year member]

Just do it and not tell your employer? Are they psychic.

I swear people axe the dumbest sheit on here.

 

[KyleBechtold 5,000+ posts]

just don't advertise on their time.. don't let others know.. simple.. don't tell the people you build em for you work at best buy etc etc..

 

[SRim23 5,000+ posts]

id say its only a conflict of interest if say someone comes into your work and wants a box made by the company and you in turn tell them, "hey ill do it for you cheaper if you come by my house after my shift" or something like that. or if you use their equipment to make these boxes.

if you are making them on your own time then i think you are alright.

 

[I Like Waffle]

I wouldnt be using their tools. all they have is a jigsaw and skil saw. I actually have good tools, clamps, good glue, skills, etc. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif Im just gonna keep doing my thing, if they find out then its whatever. I was doing it first so they can kiss my ***.

 

[lilmaniac2 5,000+ posts]

That noncompete contract is probably not enforcable. If you had a Business Law 101 course you would realize that contracts like this are normally illegal because the company gives up nothing, this is commonly referred to as Consideration and is required from both parties in a contract.

What did they give up for you to sign the contract? NOTHING so the contract probably isn't worth much