DMCz asked:
I was recently employed by a video rental store that does not offer online mail rentals, and in some of the paperwork that I signed, it said that I would not work for any other competitor while I was employed with them or one year after leaving that company. This job requires actually being in the store and renting out movies to customers. Technically I haven’t started training yet.
I was recently employed by a video rental store that does not offer online mail rentals, and in some of the paperwork that I signed, it said that I would not work for any other competitor while I was employed with them or one year after leaving that company. This job requires actually being in the store and renting out movies to customers. Technically I haven’t started training yet.
Anyway, since I’ve been looking for work, I’ve applied at many different places. A temp agency just found me a job to work in a warehouse for an online movie rental company. They only deal in online mail movie rentals and have no stores for customers to come by and rent movies like the place I am currently employed at. At this job I would only be receiving returned rentals through the mail and shipping off new rentals. Technically I would be employed by the temp agency until and if this company decides to hire me, since I am labelled temp-to-hire.
These two companies are in the same industry—Any problems?
it is probably not an issue for you
1. non-compete policies that are not part of an actual contract are next to impossible to enforce.
2. the policy must be stated but generally would only be a consideration for corporate positions and upper management, if then.
3. speak with HR or your supervisor to understand the employers position and how it relates to you.
That is a very sticky situation and I would be very careful. Technically when you sign a non-compete offer you are agreeing to not work for any company that is associated with that particular industry. Although you are working for the temp agency and you are technically an employee of the temp agency until the other company wants to convert you to a regular full-time employee, however at that time they may ask you whether you have a non-compete clause and you will have to tell them.
In agreement with poster Mich. These non competes are very hard to enforce and based on the little that you wrote it sounds as if there may be some illegalities here. It is for this reason why non competes are so hard to enforce. Most are just ridiculous and the courts have ruled as such. Especially in California. I wouldn’t worry about it, but if I were you I would NOT tell anyone about the second job. Keep it to yourself and maybe share with your family. It’s no one’s business where you are working.
It doesn’t sound like that would fall under the non-compete clause.