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Past Practice Issue?

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jlayne

Junior Member
What is the name of your state? Washington

I was hired by my current employer for a part-time retail position 5 years ago. At the time I was hired I was employed full time at a wholesale company in a related field. Four months ago I took a new full time job that is also in at a wholesale business and my current wholesale job is the same as the previous one. I was approached by the company I work for part time and they have said that my full time job represents a conflict of interest and they are going to ask me to choose between the two. I am a union employee at the part-time job. The fact that I have held my full time job has been no secret and was known by the corporate staff that have asked me to make a choice. One of their comments was that there is a problem because I service their accounts, meaning I am a sales rep to them as well. The company did buy from me in my previous position including on order placed by one of the people who is asking me to choose. The company representatives admitted that they have known about my other job but didn't think about it being a conflict of interest until I took the job with the new company. Because I have had both positions for five years does this establish past practice? Can they make me choose between the two companies?
 


cbg

I'm a Northern Girl
Unless your union contract specifically says otherwise, yes, they can make you choose. Whether they have done so in the past or not, they are not required to allow you to remain in a situation that represents a conflict of interest.
 

jlayne

Junior Member
The employee handbook of the company that is asking me to make a choice states as a reason for termination "Unauthorized participation in business directly competing with the Company." Is authorization not implied by knowing my full time occupation when hiring me? Also, my union has advised me that if they pressure me to make a choice there is a problem with that because there is five years of history.
 

cbg

I'm a Northern Girl
Then the issue is with your union contract, which I have not read and cannot comment on. All I can tell you is that your employer is not violating the law.
 

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