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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 29255
Experience:  29 years in Employment law
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I have recently joined a company as a full time employee and

Resolved Question:

I have recently joined a company as a full time employee and I also received a part time offer from my previous company where I plan to work on week ends and non-working hours .
Going through the employee handbook and offer letter details I found one statement which states that I am free to do things in my non-working hours but the work should not be in the field of similar interest.My previous company and current I am working in , are in different domains but both are software related.
I would like to know opinions about this situation and what kind of issues I can run in to if I decide to do the part-time
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ray replied 8 months ago.

Ray :

Hi and welcome to JA. I am Ray and will be the expert assisting you today.

Ray :

This is a really broad and vague restriction. The best way to avoid potential problems would be to submit a request to the full time hr company and ask for written permission here to engage in the part time position.I can tell you that unless you get such permission you are at risk of the full time employer claiming you breached this handbook section.

Ray :

Most employers generally have in place such an hr requirement that you tell them what the job is and how it does not conflict with the existing hr manual.

Ray :

I read your prior questions and a visa is also involved here with your employers so you want to be careful and avoid running afoul of the full time employer if they have input on your visa.

Ray :

If you submit this is writing then you will get a response from hr in writing hopefully approving your part time job.

Customer:

ok ..yes ..I have H1b visa sponsorship.

Ray :

Remember with the full time employer you are an employee at will which means they can terminate you at any point so be careful here.

Customer:

but if I ask them for their approval I may be in their radar ..and I dont want to do that ..

Ray :

I don't necessarily think this is a conflict but getting the employer here to confirm that is the safe way to go.

Ray :

Well if you don't and they find out you risk termination here.You would have to decide the reward--money is worth the risk.

Customer:

I guess safe bet for me to not do the part time work..

Ray :

Yes unfotunately they might not approve of it.

Ray :

And since your visa is at stake here too.It is risky.

Ray :

I wish I could tell you otherwise.

Ray :

If you were to submit it for approval and they turn you down then you don't do it.

Ray :

And who knows they might approve it.

Ray :

By asking here you protect yourself and maybe they agree it is not really related to your full time field.

Customer:

Yes ..Would this kind of thing be applicable if I do a mobile app development and potentially earn some money from the app

Ray :

It is so broad here it might well be , again thats why they draft it that way they are trying to protect them selves.Again you would want to ask for permission here and if they deny it then don't do it.If they approve then no problem.

Ray :

It never hurts you to ask permission and get an opinion from hr.

Ray :

Besides then you will know what they consider a conflict.

Ray :

I appreciate the chance to help you today.

Customer:

ok ..I may them about the mobile app development instead of the part-time question and indirectly ask about this ..and see what their opinion is ...

Customer:

Thanks for the help ..

Ray :

Yes thats what I am thinking too why not see what they say and what their thinking is here.A trial balloon as they say.

Ray :

This sounds like a good way to start and see what hr says.

Ray :

Thanks again.

Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 29255
Experience: 29 years in Employment law
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