W
webmistress555
Guest
What is the name of your state? Texas
This is the first time I've browsed this forum for answers, and first time I've posted -- I apologize for the lengthy post...
I have been employed full-time for 3 years with the same company. Upon hire, I made it known that I had a secondary job which I would need to maintiain during my employment (financial reasons), one which was flexible and would not interfere with my duties or my schedule. They stated (at the time) that a second job was "no problem" as long as there were no conflicts in scheduling. I signed a no-compete employment agreement, one which was signed at hire and another approx 1 yr later (when the contracts were re-written, we all had to sign again)...Neither of the employee-employer contracts made mention of "exclusivity" of employment with this company. This secondary job was in fact temporary, and recently the contract ended. I have actively continued searching for employment to take the place of this temp 2nd job, which is a necessity. Recently, I updated my resume to reflect some of the additional skills I had acquired thru this second job, and to reflect my current employment situation. My supervisor, who is also Director of our department, evidently saw my updated information on this public jobsearch site (where it has remained since before I was hired and in the 3 yrs since) and sent me a one-sentence email which reads: " ...Need you to remove your resume on '---.com'. Please remove it, or resign your position."
This company has seen such an incredible amount of turnover in the 3 years since I was hired that quite honestly, my supervisor and I are the among only 4 or 5 of a staff of 150+ who have been there for more than 2 years. They have terminated people for even the slightest "infractions", and have given less information to the terminated employee than even that one sentence in an email. I would like to speak with her, to at least explain that I am not seeking full-time employment, only to replace the temp/ 2nd job which recently ended. However, given such situations with other employees in the past, it has been my experience they there is no justification or explanation: either follow instructions or be terminated. ...even though she did not directly threaten me with termination, she has asked me to remove my resume or resign my position, and I would like to know what my rights are should I face termination over this matter...here are my questions:
If I was hired with full-knowledge that I needed and would have throughout my employment with them a second job (as long as no conflicts occurred in scheduling); and If there is no clause or mention of "exclusivity" as an employee of their company (only the no-compete clause upon termination); does she / the company have the right to prevent me from actively seeking employment in ADDITION TO my current position? And can I be forced into resignation? Do I not have a right to continue to seek employment as long as there is no stipulation that I cannot otherwise be employed with another company? Is their demand (and what I'm sure will be their action of terminating me, should I not comply) not somehow infringing on my rights to work if my need to maintain additional employment was discussed openly and agreed upon at the time I was hired?
Any information is deeply appreciated; including whether or not (given the above info) this situation warrants hiring an attorney and going from there? Thanks in advance for any advice....
This is the first time I've browsed this forum for answers, and first time I've posted -- I apologize for the lengthy post...
I have been employed full-time for 3 years with the same company. Upon hire, I made it known that I had a secondary job which I would need to maintiain during my employment (financial reasons), one which was flexible and would not interfere with my duties or my schedule. They stated (at the time) that a second job was "no problem" as long as there were no conflicts in scheduling. I signed a no-compete employment agreement, one which was signed at hire and another approx 1 yr later (when the contracts were re-written, we all had to sign again)...Neither of the employee-employer contracts made mention of "exclusivity" of employment with this company. This secondary job was in fact temporary, and recently the contract ended. I have actively continued searching for employment to take the place of this temp 2nd job, which is a necessity. Recently, I updated my resume to reflect some of the additional skills I had acquired thru this second job, and to reflect my current employment situation. My supervisor, who is also Director of our department, evidently saw my updated information on this public jobsearch site (where it has remained since before I was hired and in the 3 yrs since) and sent me a one-sentence email which reads: " ...Need you to remove your resume on '---.com'. Please remove it, or resign your position."
This company has seen such an incredible amount of turnover in the 3 years since I was hired that quite honestly, my supervisor and I are the among only 4 or 5 of a staff of 150+ who have been there for more than 2 years. They have terminated people for even the slightest "infractions", and have given less information to the terminated employee than even that one sentence in an email. I would like to speak with her, to at least explain that I am not seeking full-time employment, only to replace the temp/ 2nd job which recently ended. However, given such situations with other employees in the past, it has been my experience they there is no justification or explanation: either follow instructions or be terminated. ...even though she did not directly threaten me with termination, she has asked me to remove my resume or resign my position, and I would like to know what my rights are should I face termination over this matter...here are my questions:
If I was hired with full-knowledge that I needed and would have throughout my employment with them a second job (as long as no conflicts occurred in scheduling); and If there is no clause or mention of "exclusivity" as an employee of their company (only the no-compete clause upon termination); does she / the company have the right to prevent me from actively seeking employment in ADDITION TO my current position? And can I be forced into resignation? Do I not have a right to continue to seek employment as long as there is no stipulation that I cannot otherwise be employed with another company? Is their demand (and what I'm sure will be their action of terminating me, should I not comply) not somehow infringing on my rights to work if my need to maintain additional employment was discussed openly and agreed upon at the time I was hired?
Any information is deeply appreciated; including whether or not (given the above info) this situation warrants hiring an attorney and going from there? Thanks in advance for any advice....
