Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was hired two years ago by a comp at who has a no

I was hired two...

I was hired two years ago by a comp at who has a no secondary employment clause in their contract. I had and still have a part time position at an agency which is out of the county of my primary employment. The person who hired me at the primary said it was alright because it did not compete with the agency. Now the agency is planning to open a facility in the county where I work part time. I was told last week I am now competing with them by having a job in the county where they are planning to open the facility on July 27th. I was told I must quit one and have the answer submitted to them by Monday. Can they do this? The facility is not open yet and I had a part time job PRIOR to them moving into that county.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

No

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 24 minutes by:
7/15/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,989
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that you don't have any written employment contract and they're not violating a clear written employment policy by their actions, they can do this. You see, Kentucky is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

In short, this means that the employer has a LOT of discretion. It can demand absolute loyalty, that you are only employed with them (even if you only work a few hours), that you quit any other job, etc... This is part of the at-will employment doctrine. So long as they're not discriminating based on race, age, religion, gender, or disability, they can do this.

I agree that it's unethical, immoral, and illogical, but it's not illegal.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
I am a salaried position and would like to know if I needed to go to a dr appointment for two hours, do I have to take PTO for the two hours?

You don't have to, legally speaking, but your employer can make you take it. I'll explain:

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
Then what is the perk of being salaried?

An employer can't dock pay for partial days for salaried individuals, per the Fair Labor Standards Act (FLSA) and associated regulations. That is, they have to pay a full day's pay, even if you work 5 minutes that day. But they can require that you take PTO, vacation, sick time, etc... if you have a partial day.

As far as "the perk", I really don't see being salaried as a perk. You don't get overtime, you might be worked 100 hours, etc... But generally being salaried is for higher paying jobs, so I guess that is the perk. Either way, my expertise is not in what is a perk, but what is or is not legal.

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
If I work 6 hours in a day and am out of PTO... I do not get paid for the time I take off.

Well, legally they HAVE to pay you for that time. Now they can deduct it from future PTO, but if they actually deduct that pay, then you can report that to the labor department.

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
What if I take a whole day off, work the day before a the day after. Can they dock my pay?

Again, if you work for part of any day, they have to pay you for that full day.

Ask Your Own Employment Law Question

They can dock whole days, yes.

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
Okay. Thanks.

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,989
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,989
17,989 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
In Hawaii, can a. In Hawaii can a promotion that was
In Hawaii can a promotion that was discussed and promised at an annual review, be withdrawn without reason? … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,989 satisfied customers
What is the cost of this service? My husband accrued PTO and
Thank you. My husband accrued PTO and hit the ceiling with the amount he could accrue. He found out yesterday that he was demoted, but has not signed the paperwork accepting it yet. He put in for the PTO prior to signing the new contact. My question: Will he receive his PTO at the rate in which he accrued it or will it be at the demotion rate? … read more
Eric Yepez
Eric Yepez
Law/J.D.
46 satisfied customers
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
I have a question about my company changing PTO policies and
I have a question about my company changing PTO policies and what rights I have? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
What is the maximum hours that a salaried employee can work
What is the maximum hours that a salaried employee can work in New York City? Also, does a salaried employee qualify for overtime?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,989 satisfied customers
I worked for a public company with an employment contract.
I worked for a public company with an employment contract. The employer stopped paying tax and said I was now a “consultant”. I never changed duty or office space, still had company Amex and privilege… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Can a company have different PTO policies for different
Can a company have different PTO policies for different level of employees? For example one for professionals (i.e. doctors/nurses) and one for administrative staff?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it illegal for an employer to you down for PTO when you
Is it illegal for an employer to mark you down for PTO when you work a full day at home and then upon your return judge how much they think you worked after the fact? This was threatened in an email w… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work for a non profit organization. Am a salary employee.
I work for a non profit organization. Am a salary employee. Manage 6 disabled clients ‘ homes. I have a Director and executive director I must as permission when making decisions in my homes. Sometime… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
My employer gave me 4 weeks of PTO at the beginning of the
My employer gave me 4 weeks of PTO at the beginning of the year. I could take it anytime I wanted. Now that I am leaving, do they have to pay me for my unused time? … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,989 satisfied customers
If any employee didn't formally request Pto but the employer
If any employee didn't formally request Pto but the employer told the employee to take a week off using there paid time off but will be laying you after those 5 days are over. Does the employee have t… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I'm salary and put in 64 hours a week. How much does salary
I'm salary and put in 64 hours a week. How much does salary have to work in order to get paid overtime. What is the amount I need to make in order not to get paid for my overtime … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,989 satisfied customers
I need help about labor laws and employment contracts. CA.
I need help about labor laws and employment contracts … read more
socrateaser
socrateaser
1,031 satisfied customers
How does disciplinary action work when I'm not doing the
How does disciplinary action work when I'm not doing the work that hasn't been in my PD I did without pay then OHR told me that they witnessed for an 11 but was destroyed. And I told them 1 1/2 that I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
According to Indiana labor law do I have to pay a salaried
according to Indiana labor law do I have to pay a salaried employee for overtime? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My pay status was changed from an hourly wage to salaried
My pay status was changed from an hourly wage to salaried over 6 weeks ago. My paper trail with company proves that I have never worked a forty hour week. I am expected to cover any and all shift that… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,824 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x