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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 37002
Experience:  16 years practicing attorney
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I am resigning a position from a non-profit in Massachusetts

Customer Question

I am resigning a position from a non-profit in Massachusetts to take a new full time job. I would like to offer to do some consulting work for my current employer for some specific project work on a short term basis, to help fill gaps until they hire someone new. Is there any legal reason my employer could not hire me as a consultant/independent contractor after I resign?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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There is nothing that would statutorily prevent them from contracting with you if their corporate Bylaws allow it. The only thing that I could see that might hinder them doing so is if they felt that your new job could be viewed as a conflict of interest with any work that you might do for the old employer.

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But if there is no perceived conflict by the old employer, and they are willing to enter into a contractor/consultant relationship with you, then the only one who could object then would be your new employer if they felt that this could be a conflict of interest with your new job duties..

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So before I entered into any contractor relationship with the old employer, I would make sure to clear it through the new one because you don't want to get fired from the new job for moonlighting at the old one..

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thanks

Barrister