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DMCz |
Working at both Hollywood Video and Blockbuster against company policy, but is it against the law?
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They both have this clause in the paperwork they make you go through and sign that says you cannot work for another competitor for one year after you quit, or you can't work for another competitor at the same time.
Well, they don't give me enough hours and how is it illegal working two similar jobs to try to make ends meet? Do any of these corporations have any legal grounds to stand on, say if they wanted to fire me just because I am working for a competitor?
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Ryakon
 |
A non-compete clause is not uncommon and is only illegal if it is deemed to be unreasonable (i.e. telling a doctor he cannot work in medicine in the state he is licensed for 10 years after quitting)
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Denise J
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It is not against the law. However, you are breaking company policy at both stores. Choose the one that is giving you the most hours and quit the other job. Then find another part-time job to replace it. If you don't and they both find out, you will be fired at both jobs. They don't want you working at the competitors. Most states you work at the will of the employer, they can fire you for any reason. You work for them as long as they want you on the payroll.
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31 ford
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Yes they do because you agreed to it before working there. You signed off on it knowing what would happen. If your not getting enough hours then quit or get a second job doing something else.
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PiggiePants
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No, it is not 'illegal' meaning you can't be prosecuted in a court of law. However, it is not illegal for them to include the prohibition in their paperwork, and it would be perfectly legal for them to fire you if they find you are working for the competition. Oh, and if you are fired 'for cause' like breaking a contract, you will not be eligible for unemployment if you lose one or both jobs.
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Coolio
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Well yes if they make you write a contract you have to apply by the rules of it
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michr
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1. in most states non-compete clauses as a policy statement are not enforceable and are not just cause for termination.
2. a non-compete clause in a contract is enforceable under some circumstances but it must be proven that there is a cause for it. such as privacy, copyright, client theft or other similar issues. most "blue-collar" positions are free from enforcement of non-compete clauses even in an employment contract.
3. this is only an issue as far as grounds for termination being for cause and preventing you from drawing unemployment which you probably would not qualify for anyway.
they have no investment in you to try to recoup through litigation if you quit and work for a competitor so this is really a moot point.
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vicseo
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In CA, any and all non-competition clauses contained in employee contracts are not enforceable at this time. So don't worry about any cross-over in employers.
Good luck!
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