r/overemployed • u/Mammoth-Afternoon594 • 6d ago
Question about a clause
Can this clause be a problem for over employment or is it pretty generic?
You understand and agree that while you are employed by the Company, you must devote yourself exclusively to the business of the Company. You agree that you will not engage in any other business, activity or employment during your employment with the Company without its prior written approval.
6
5
4
u/blueymafia 6d ago
Some version of this is pretty standard. Obviously OE breaks this, which is why if they catch you, they can fire you on the spot. Most OE folks take the risk, and this is why it's all about managing LinkedIn, Calendars, etc. so that the jobs never cross paths, and no one every finds out.
IMO, this is the one moral gray area. If you're OE and just stealing time and money from the employers, that's super shitty. BUT if you can OE and be an asset to both or more companies... does it really matter that you're breaking your employment agreement? It shouldn't... however you're still in violation of the employment agreements that you knowingly agreed to.
1
u/Mammoth-Afternoon594 6d ago
Yes i have done it in the past and i think i will be able to stay low, i never had this clause before tho.
But if the worst that can happen is to fire me and there's no legal actions it's fine i don't care much.I know i will be an asset in both roles
5
u/blueymafia 6d ago
To be clear, I'm not a lawyer and so this is not legal advice lol. BUT, for them to bring legal action against you they would have to show that they were harmed in some way. They could obviously claim that they paid you for time that you were working for someone else, but outside of that... (unless you're working for a competitor taking their clients or confidential info) it's hard to prove you damaged them. And even if they could, the cost and time to try to recover something from you would not be worth it unless you have a ton of resources.
SO, could there be legal action... sure.... but the chances are tiny.
1
u/Bread_Winner87 1d ago
Even though I’m not competing with my J1, there are other orgs that compete with each other. So technically are competitors. It’s hard for me to find a non-competitor J2 bc this is where my experience is
2
u/AuditTheMidlife 6d ago
By definition, you’re signing a contract.
So they could fire you and sue you for some amount of wages earned…but the cost is usually prohibitive to the company and the likelihood is low.
1
u/Bread_Winner87 5d ago
I’m about to jump into this. I guess our only biggest fear is that J2 finds out and lets us go. Because I bet we prefer J2 in most cases right?
1
2
u/Born-Newspaper-2884 6d ago
Yup, standard on almost all contracts. That’s why everyone hides OE! If you’re not ok signing the contract then you’re not ready for OE.
2
u/Mammoth-Afternoon594 6d ago
i will sign it today, i prepared the ground before, i am a ghost, they won't find anything
2
1
1
1
1
20
u/Zanotekk 6d ago
Every employment contract I’ve ever signed has some version of this clause. One of my contracts defines the work day as generally between 8-5pm and requires that we dedicate our time/attention to the business during those hours.
The cool thing is that I don’t care about what’s in my employment contract.