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

[Lisa loves Pooh]

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.

Again it depends on which state.

And there are plenty of other businesses that do not compete that you are not prevented from seeking dual employment.

The Publix employee could go and work at McDonalds b/c they are not in the same business. They can work anywhere but a place whose primary business is groceries (so no Wal-marts (most new ones are Super Walmarts or neighborhood stores), no Winn Dixies, Albertsons, or whomever). So out of the hundreds of businesses available..a Publix employee is prevented from working at 4. Hardly a violation of a person's right to be gainfully employed.

 

[rparmfamily]

Publix makes the "best places to work" list every year, so before anything thinks Publix is doing something illegal or crappy, keep that in mind. I know the company I work for DOES have in our handbook that you may NOT work at a competitor, has nothing to do w/a second job being needed,etc.

And in Florida, like mentioned before, it's an at-will state, no reason needed to fire someone. Where I work someone got fired on the spot for wearing flip-flops to work. No write-up, no nothing. Gone. They were of course informed about the dress code in the handbook, that was the "warning." Pay attention to what those things say! (this person was an idiot anyway.)

 

[mickeysgal]

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.

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

What are the 3 common exceptions?

I believe Illinois and Georgia are "at will" states - meaning they can terminate employment for any reason at any time.

 

[Lisa loves Pooh]

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.

Excuse me?

 

[LisaB]

RI is also a fire at will state

 

[Lisa loves Pooh]

What are the 3 common exceptions?

I believe Illinois and Georgia are "at will" states - meaning they can terminate employment for any reason at any time.

http://mrzine.monthlyreview.org/evanchesky191005.html

Florida, Lousiana, and Georgia as well as Rhode Island do not have any exceptions.

The exceptions:

1. Reason's that violate a State's public policy
2. No terminations after an implied contract for employment has been established. Such a contract can be created through employer representations of continued employment, in the form of either oral assurances or expectations created by employer handbooks, policies, or other written assurances.
3. Good faith covenant: Various interpretations by various states from meaning terminations must be for cause to meaning that terminations cannot be made in bad faith or with malice intended.

Only 6 states recognize all three exceptions...Alaska, California, Idaho, Nevada, Utah, and Wyoming.

Here's a detailed article on the exceptions:
http://stats.bls.gov/opub/mlr/2001/01/art1full.pdf

 

[arminnie]

Last time I checked there was nothing wrong with people having two jobs.

Maybe in retail, but I've worked for many firms in the financial and technical areas where it is clearly forbidden. Mainly because on salaried jobs, they want you to work a million hours a week for them.

 

[arminnie]

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.

True story - one of the admins at an office for an oil company in downtown Houston in the 80s was working at a topless bar during her lunch hour. Once it got out, several of the male employees started going to lunch there. Then of course the top brass found out, and she was fired immediately.

 

[arminnie]

Twenty years ago I worked for EDS - truly the evil empire. That's the company that Ross Perot started.

At EDS you could (and would) be fired for looking for another job. And in Texas when you were let go you did NOT get any severance pay or any accumulated vacation. You were just out the door escorted by an armed guard - literally.

EDS bought several smaller companies. At one point they bought a company in the Dallas area. On of the managers at EDS immediately went over to the other company to check the HR files to see who had ever applied for a job over there. If they were still at EDS, he got rid of them.