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lilsister

Member
What is the name of your state? NY

I'll keep this short: Before accepting full time employment with my current employer, I asked them if it would be a problem if I did freelance work on the side - which is not uncommon in the field I am in. They said as long as it didn't compete with them and I didn't do it on their time, it was fine.

Fast forward two years. Now it has become an issue. They don't care if I do freelance work but I can't do it in their same business category - which is my area of expertise and the only way I'd make extra money is to do it in this category. The employee handbook is very vague and doesn't specify this type of situation. They said they are now re-writing the handbook to reflect a situation like this.

I asked if I was being given an ultimatum and my boss said he didn't want to go there and hopes I don't do anything rash i.e. quit.

My question is: if I get fired over this issue can I still collect unemployment since when I was hired it was verbally okay to do what I'm doing and since the employee handbook doesn't state anything about it. Or if they re-do the employee handbook and then I get fired, will unemployment say I broke the rules and now don't qualify?

I know NY is an employment at will state and I don't have any legal grounds to stand on but I would need unemployment if I got fired. I know most of you will say give up the side stuff but I have a large debt to pay off from college and need this extra money so I don't have to declare bankruptcy. Thanks!
 


R

Ramoth

Guest
If the company changes the policy regarding moonlighting, and you are fired for violating that policy, you will not be eligible to collect unemployment.

Please be aware that from what you've written I would consider the policy changed already. They don't have to post a new handbook to change the policy, and you've already be told that this is becoming an issue.
 

lilsister

Member
I'm not sure how they know. I work in a small professional field so somebody could have said something innocently in conversation. I just don't know for sure.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then, unless your employer is paying you to stay out of the field, and from moonlighting, then from now on, "Deny, Deny, Deny".

Your time is your time.

IAAL
 

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