I believe a co-worker was fired today, for applying at Walmart!

[beckmrk04]

And a hint--if you work in a church and they find out you are moonlighting in a strip club, they don't have to keep you in their employ either.

Dang it....

 

[Lisa loves Pooh]

Dang it....

 

[hellokitty86]

My dad worked at Publix when I was growing up. He was friends with a guy whose wife worked at Winn Dixie, and they even tried to keep that 'hush hush'!!! I know Publix is very strict about their employees working for competition, atleast his was.

 

[amy4bruce]

The district manager said NOTHING about not being able to have two jobs.

He said his employees cannot work at walmart.

I work for a housing authority in Pittsburgh. If you have a second job, you must report it, and HR will determine whether or not a conflict of interest exists. For example, since I work for Facilities Services as a contract administrator, if I moolighted as, say, a painting contractor, I would know exactly how to go about getting jobs from the authority. That would be a conflict of interest, and I'd have to leave one of the jobs.

If you work for Publix, and get another job at Wal-mart, it's unfortunately a conflict of interest. Certain practices or marketing means might be considered proprietary, and they wouldn't want a competitor getting ahold of them. Given the public nature of both companies, I doubt it, but, alas, I can see their point.

As far as non-compete agreements go, these tend to be unenforceable. A company's only ways to enforce it is either lack of recommendation or a lawsuit. In the case of a discount store or a restaurant, it probably isn't worth it.

Bruce
(Edited because it's late and computers have totally ruined my typing ability)

 

[Lisa loves Pooh]

As far as non-compete agreements go, these tend to be unenforceable. A company's only ways to enforce it is either lack of recommendation or a lawsuit. In the case of a discount store or a restaurant, it probably isn't worth it.

Bruce
(Edited because it's late and computers have totally ruined my typing ability)

I'm not certain why you say it is not enforceable.

 

[Poohbear123]

My dad worked at Publix when I was growing up. He was friends with a guy whose wife worked at Winn Dixie, and they even tried to keep that 'hush hush'!!! I know Publix is very strict about their employees working for competition, atleast his was.

Yes they are, as Winn-Dixie Is.....or was in some cases.

 

[mickeysgal]

And a hint--if you work in a church and they find out you are moonlighting in a strip club, they don't have to keep you in their employ either.

Thanks, I always wondered how this worked.

 

[Poohbear123]

Thanks, I always wondered how this worked.

 

[DWDreams]

My guess is she gave her notice and when she said she was going to a competitor, they told her to leave right then. The fact that she was going to a competitor probably prompted the comments in your meeting, in other words an offensive move to maybe prevent anyone else from going there too.

 

[momof2inPA]

I don't know why a non-compete would be un-enforcible in a grocery chain, but I can't think of anything proprietary a cashier would know. I bet she just felt the pressure because people knew she had applied at Walmart and quit.

 

[Free4Life11]

Best to just keep things hush hush at work. The less personal info you give you, the better. In fact I say just don't volunteer information period. Give them your availability, do your job, and leave it at that.

Too bad for her. Guess the Wal-Mart is going to be forcing the Publix to really have to compete? That's good though because it usually ends up helping consumers.

 

[John VN]

Florida is a right to work state.

For a noncontracted position, there doesn't have to be any paperwork for a noncompete agreement. You are hired to perform duties and can be let go at anytime for any reason with or without cause.

BINGO! Don't we just love living in Fl.

By the way, all Fl. responders to this thread will now have to clean out your locker.

 

[DISUNC]

Not for sure, but she was seen emptying her locker, and when someone asked if she was leaving, she said yes. Side note: We have not one but 2 Walmarts opening within a few miles of us, Publix. We had a meeting this morning, 6:00am and our District Manager said if anyone is thinking about "working for Walmart they need to leave NOW!" Than, he went on about how bad the benefits are at WM campared to US! So, I think she got canned!

Someone should Smack your boss!!!!!!
What a maroooon! He probably had WM turn his application down already!

 

[amy4bruce]

I'm not certain why you say it is not enforceable.

What can they do? If you've resigned from Publix and are now working at Wal-mart, is someone from Publix going to go up to you in the store and fire you? They would have to sue, spending lots of money, over what is basically nothing. Plenty of bad publicity. Wal-mart would probably laugh.

I would agree that a cashier would not have propriatary knowledge, but it's the princple.

I'm not saying I agree with this. I'm merely giving you HR's attitude.

 

[rigs32]

It's not enforceable because courts typically won't make the person pay money for violating it. Just like waivers removing a company/person of liability are unenforceable under certain circumstances. You can sign all the waivers and agreements you want. It doesn't mean a court is going to enforce them 100%.

 

[The Mystery Machine]

I don't know anything about the Florida laws but back in Missouri if you worked for a grocery store with a UNION, and you were found to be working at Wal-Mart you would be fired as per your "union contract".

Which btw...has nothing to do with the employer.

 

[Poohbear123]

I don't know anything about the Florida laws but back in Missouri if you worked for a grocery store with a UNION, and you were found to be working at Wal-Mart you would be fired as per your "union contract".

Which btw...has nothing to do with the employer.

FLorida is NOT a Union State. I know when another WM opened North of me, 2 employees from a nearby Publix were working there part time. When a Manager found out, they were fired, as in our "employee handbook" its states we WILL fire you for working at another competitor. I am off of work today, so I cannot find out the REAL story, maybe I will tomorrow, and will keep you all posted!

 

[mrsv98]

I worked at a chain restaurant and all management had to sign a form that they would not work for a direct competitor for 10 years after leaving our chain. If you didn't sign, you weren't hired. I know a few instances where managers had left and it wasn't enforced, but they did have the right to enforce it if they wished.

My guess is, if you never signed anything like this, the employer would be in the wrong to fire you. Perhaps you'd qualify for unemployment compensation if you found yourself in that position? I'm not sure of the legal ramifications if there would be any though.

It's crappy business, IMO though.

Non-competition clauses are baloney. They are very difficult to enforce since it violates a person's right to be gainfully employed. In IL, the are unenforcable. So employers might make you sign them but they generally don't mean much.

 

[Lisa loves Pooh]

I don't know why a non-compete would be un-enforcible in a grocery chain, but I can't think of anything proprietary a cashier would know. I bet she just felt the pressure because people knew she had applied at Walmart and quit.

It doesn't necessarily have to do with proprietary information.

 

[Lisa loves Pooh]

What can they do? If you've resigned from Publix and are now working at Wal-mart, is someone from Publix going to go up to you in the store and fire you? They would have to sue, spending lots of money, over what is basically nothing. Plenty of bad publicity. Wal-mart would probably laugh.

I would agree that a cashier would not have propriatary knowledge, but it's the princple.

I'm not saying I agree with this. I'm merely giving you HR's attitude.

YOu have every right to seek alternative work.

A non-compete claus typically prevents you from being employed at 2 businesses that directly compete at the same time.


Florida is a right to work state--you can be fired at any time with or without cause in this state. That is HR's attitude here.

And Florida doesn't follow the 3 common exceptions either. They really mean at any time for any reason with or without cause.

On the same token, absent a contract--you can leave a job for any reason at any time as well.

There is no defense for termination unless federal labor laws are violated and dual employment with a competitor isn't one. (i.e. if you can prove you were terminated b/c of the color of your skin--as an example...then you could have a case. When you are fired for working with a competitor--you would have a hard pressed time proving that that was the cause since that rule would apply to all employees within a business).

Labor laws are different from state to state as well.

This topic is hard to debate when you apply the laws of your state to another state.

And Florida is only one of I think 3 states that are right to work with no exceptions.