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Main Forums => Dear Socrateaser => Topic started by: Forthelittleones on May 18, 2004, 11:09:14 AM

Title: Employment Question
Post by: Forthelittleones on May 18, 2004, 11:09:14 AM
Hi Soc -

I have an employment contract.  Recently I took a second job to augment by income as I was in a starting position.  I needed the $ to pay my basic living expenses.  Employer (Indian Outsourcer) found out about it - States it causes them great embarressment for me to be employed as as clerk at a National chain hardware store.  They told me they would up my salary and give me a bigger bonus if I quit.  Also, I have to sign a new employment contract.  All the provisions are the same with the exception of a couple -

contract provisions:

ii.   ii.  The employment of Employee by any other person or entity on a full or part-time basis without the prior written consent of Employer
iii.   the termination by CONTRACTOR (and/or any of either of their affiliates or successors) of the Master Services Agreement between CONTRACTOR and EMPLOYER dated March 2002, or any substantial reduction in the work specified in the "Statement of Work" incorporated into such Master Services Agreement



The state I live in is an at will employer.  I need this job at this time.

Questions:
1. Do you think I lose anything by signing this contract with the provision of having to get their permission to obtain outside employment?
2. What are your thoughts on the enforceableness of my being required to give them 30 days notice if I leave?
3. Would the provision on outside employment relate to my own business such as mystery shopping or ebay?

Thanks for your help!
Title: RE: Employment Question
Post by: socrateaser on May 18, 2004, 02:36:36 PM
>Questions:
>1. Do you think I lose anything by signing this contract with
>the provision of having to get their permission to obtain
>outside employment?

You lose the ability to work for anyone else, because you know that this is exactly why they are raising your salary -- to prevent a reoccurance.

>2. What are your thoughts on the enforceableness of my being
>required to give them 30 days notice if I leave?

Question is what is the contractual penalty to you if you don't give said notice? What are the enforcement provisions? They're not real likely to sue you for losses due you your early departure, so what else might they do to frustrate your leaving? Not enough facts for me to analyze.


>3. Would the provision on outside employment relate to my own
>business such as mystery shopping or ebay?

Yep. They want your exclusive attention. You can always put a line in to except your personal business ventures. If they don't agree, then don't sign.