Weekend Employment Legal Guidelines

Summary

You can engage in outside employment on weekends if it doesnt interfere with your full-time job, doesnt constitute a conflict of interest, and doesnt use proprietary information. Non-compete and non-solicitation clauses may restrict employment with competitors or clients. New York law generally disfavors non-compete agreements but can enforce them if reasonable. Hostile work environment claims require severe or pervasive conduct, and documenting incidents is crucial. Recording conversations is legal if one party consents. Sexual orientation is a protected class in New York. The maximum compensation in toxic work environment lawsuits varies based on case specifics. Consult an employment attorney for personalized advice.

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I have a question in regards to what I'm able to do outside of work on weekends when I do not work my full-time job it's a matter of confidentiality and being able to create income or make income outside of my work hours without using any proprietary information from my job may I paste in some information from the employee handbook?
Hello ****, you can definitely share the relevant information from your employee handbook. This will help me understand your situation better and provide more accurate legal information.
To begin:
Hello ****, sure, please go ahead and paste in the relevant information from your employee handbook. This will help me provide you with better guidance.
OUTSIDE EMPLOYMENT Employees may hold outside jobs so long as they meet the performance standards of their job with the Company. All employees will be judged by the same performance standards and will be subject to scheduling demands, regardless of any existing outside work requirements. If it is determined that an employee’s outside work conflicts or interferes with performance, safety or the ability to meet the requirements of the Company as they are modified from time to time, the employee may be asked to terminate the outside employment if he desires to remain with the Company. Outside employment that constitutes a conflict of interest is prohibited. Employees also may not receive any income or material gain from individuals outside the Company for materials produced or services rendered while performing their jobs with the Company.
Based on the information provided, it seems you are allowed to have outside employment as per your company policy, with the following conditions:
- It does not interfere with your job performance, safety, or company's requirements.
- It does not constitute a conflict of interest.
- You do not gain from individuals outside the company for work produced during your job.
May I know what kind of outside work you're planning to engage in? This might help clarify if it could potentially conflict with your current job.
Staff Training, my current role is "Director of Training and Development"
It seems you'd like to do staff training outside work. Based on the policy you shared:
- As long as this job doesn't interfere with your full-time work performance.
- It doesn't constitute a conflict of interest.
- The training materials are not produced during your full-time job.
Are you planning to train staff of competing businesses or related industries?
No, our secondary business is Hospitality Staffing. The company I'm looking to train is a restaurant and banquet space inside of a hotel.
Based on the information provided, if your outside work for the hospitality staffing business doesn't interfere with your full-time job and doesn't present a conflict of interest, it seems permissible. However, be careful not to use any materials or knowledge acquired from your full-time job for this secondary employment.
Here's more on the matter: NON-COMPETITION AND NON-SOLICITATION (*) “Competitor” is defined hereunder as any third party engaged in or about to become engaged in the production, licensing, sale or marketing of any product or service or planned business of the Client Company or any of its affiliates or subsidiaries which is similar to or directly competitive with the existing or developing products or services of the Client Company or any of its affiliates or subsidiaries, with which the employee has been directly involved, has had reasonable access to, or has reason to know about, as a result of his/her employment by the Client Company or receiving any Confidential Information as described above. (*) During the Term and for twelve (*) months thereafter, the employee shall neither, without the Client Company’s prior written consent, (i) directly or indirectly, solicit, divert or take away any existing, past or prospective customers, clients, suppliers, affiliates or subsidiaries of the Client Company, or provide services to, or assist in any manner, any * Competitor, or otherwise compete with the Client Company (or any of its affiliates or subsidiaries) in the production, licensing, sale or marketing of any products or services competitive with the Client Company’s (or any of its affiliates or subsidiaries) products and services existing or developing at the time of the termination of employment; nor (ii) solicit, induce, attempt to hire, or hire any person who was an employee or contractor of the Client Company or any of its affiliates or subsidiaries during the term of employment or the subsequent twelve-month period; nor (iii) assist or encourage such person to terminate his/her position with the Client Company or any of its affiliates or subsidiaries. (*) Injunctive Relief and Governing Law. Employee specifically acknowledges that his/her obligations regarding non-competition, non-solicitation, Confidential Information and any intellectual property rights specified in this Handbook and any other policies and procedures have a unique, very substantial and immeasurable value to the Client Company, and breach of such obligations would cause irreparable harm and unascertainable damages to the Client Company, entitling it to seek, in addition to any monetary relief as may be recoverable by law, injunctive relief and any other available remedies, including reasonable attorney’s fees and costs, without posting a bond or security or proving any actual damages. Except for the Client Company seeking injunctive relief in any court having jurisdiction, the employee irrevocably submits to the jurisdiction of the State of New York for purposes of any controversy, claim or dispute arising out of or related to this Handbook or his/her employment, and waives any defense of an inconvenient forum and any right of jurisdiction on account of the place of residence or domicile.
Based on the information provided, here are the key points to consider:
- You can't directly or indirectly solicit, divert, take away any existing, past, or prospective customers, clients, suppliers, affiliates, or subsidiaries of your primary company.
- You must not provide services to any competitor or compete with your primary company.
- You can't solicit or hire any person who was an employee or contractor of your primary company during your term of employment and the subsequent twelve-month period.
- Any breach of these obligations would lead to legal consequences under the jurisdiction of the State of New York.
Your outside training work should not violate any of the above points.
Does this prevent me from searching for employment with a Client for a permanenet position?
Based on the provided information:
- If the client is a "Competitor" as defined by your company, seeking employment with them could be seen as a violation of your non-competition clause.
- If the client is not a "Competitor" but is a customer, client, supplier, affiliate, or subsidiary of your company, you might violate the non-solicitation clause.
Please seek professional legal advice for your specific situation.
There is a company that uses our services to hire temp staff, but I'm the director of training and I do not have anything to do with booking. I also live in NY, which employeer can't stop me from getting employment in my expertise, is this true? Please elaborate
Based on the information you've provided:
- New York law generally disfavors non-compete agreements, but they can be enforced if reasonable in time and area, necessary to protect the employer's legitimate interests, not harmful to the general public, and not unreasonably burdensome to the employee.
- Your role as Director of Training and Development likely doesn't conflict with the staffing company's business, unless they are direct competitors.
- However, considering your non-compete clause, it would be advisable to consult with a NY employment attorney before making any decision.
Although there's a anti-harassment clause in the manual as it relates to protective classes sex etc., what about creating a toxic work environment with anger confusion as well as a boss who is a grandiose narcissist, talks of a people behind their backs without talking to them directly throws other people under the bus in order to make themselves look better
Based on your situation, here are some points to consider:
- In New York, employers have a legal duty to prevent hostile work environment harassment.
- If your boss's behavior creates a hostile work environment, you may have grounds for a complaint.
- It's recommended to document instances of harassment and report them to your HR department.
- If the situation doesn't improve, consider consulting with an employment attorney.
Looking at situation's within the New York tri-state area are there instances where although it wasn't a protected class that it still created toxic work environment where there's yelling and screaming and potentially creating confusion or lying which creates a stressful and toxic work environment have employees won these cases
Based on your situation, here are some points to consider:
- In NY, a hostile work environment claim needs to show the conduct was severe or pervasive.
- If not linked to a protected class, it could be more challenging to prove.
- It's crucial to document instances of the toxic behavior and report them.
- Legal victories have occurred, but each case is unique.
- Consultation with an employment attorney would be beneficial.
what if you can prove physcholoical abuse that is consistent, and what type of evidence will one need to prove? is there a laywers check list or a document for a client to keep track of?
To prove psychological abuse in a hostile work environment, the following evidence may be beneficial:
- Detailed records of each incident (date, time, location, what happened, who was involved, any witnesses)
- Any communication (emails, texts) relating to the incidents
- Medical records showing psychological impact
- Statements from coworkers or other witnesses
These are general guidelines; please consult with an employment lawyer for advice tailored to your situation.
what are the laws with recording instances if I'm the only one privey to the recording>
In New York, it's legal to record a conversation if at least one party consents to it. This means you can record a conversation you're part of without notifying the other parties. However, using such recordings in legal proceedings can be complex. Please consult with an attorney.
how can I become a protected class? Can I simply say that I'm gay?
In New York, sexual orientation is already a protected class under both state and federal laws. This means discrimination based on sexual orientation is illegal. However, simply stating you're gay won't necessarily protect you from general workplace toxicity unless it's specifically targeted towards your sexual orientation.
clients that have one classes and lawsuits from toxic work environments, typically what is the max? or limit dollar amount?
The maximum or limit dollar amount won in toxic work environment lawsuits can vary significantly depending on the details of each case. Factors include the severity of the conduct, economic damages (like lost wages), emotional distress, and punitive damages. Each case is unique and thus, no specific "maximum" can be provided.