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

secondary employment clause in their...
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.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Kentucky
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 24 minutes by:
7/15/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,250
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!

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Customer reply replied 4 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:

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Customer reply replied 4 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.

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Customer reply replied 4 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.

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Customer reply replied 4 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.

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They can dock whole days, yes.

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Customer reply replied 4 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: 17,250
Experience: Licensed Texas General Practice Attorney
Verified
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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,250
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