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Hi, I currently work for one mobile phone network (lets call it network X) but I had an interview last week for another network (lets call it network Y) however now the manager of network Y store wants me to go into her shop and work for an hour or two (unpaid) to see my selling skills whilst im on my day off from network X before making a decision on whether she wants to employ me. Is this going to be an infringement on competition law?

2006-11-29 08:53:58 · 10 answers · asked by cwallis1984 2 in Politics & Government Law & Ethics

10 answers

No, it's not an infringement of competition law, but it's almost certainly a breach of your current employment contract.

2006-11-29 08:59:06 · answer #1 · answered by gvih2g2 5 · 0 0

What competition law? So long as you're not being discriminated against based upon a protected class (race, religion, sex, etc.) an employer can put just about any number of conditions on you before hiring. For example, many teachers are required to give a sample lecture; many authors must provide writing samples; why not have a "tryout" period for a sales job?

Now, what you didn't tell me is whether you've signed any noncompete contracts with your Network X employer. Then, this little exercise would likely be violative of that. Further, in many states an employee owes a duty of loyalty to his employer not to steal business away from his employer while still under employment. This usually refers to people like salespeople telling Company X's clients that he will be leaving and going to Company Y, and here are the reasons you should go with me... If you're just an employee store clerk, the law may or may not apply (or may not apply at all in your state).

2006-11-29 09:00:38 · answer #2 · answered by Perdendosi 7 · 0 0

This nothing to do with competition law! Its essentially a trial, its a gamble if your going to get more money and your good then go for it, if its for same money, its your decision, this is an informal way of doing things, but then again some things are like that. I would say as long as you get travel and refreshments you can't lose if your as good as your making out.

2006-11-30 03:28:13 · answer #3 · answered by logicalawyer 3 · 0 0

It might not be of any consequence to your current employer, but I think its a lousy thing to ask of you. I would tell the potential hiring manager that I wouldn't do this unless she was willing to pay me for the two hours. I mean, how cheap is this? This suggests a chintzy company for whom I wouldn't want to work. Either challenge her on this or run the other way.

2006-11-29 09:03:19 · answer #4 · answered by lmnop 6 · 0 0

Take care that network z doesn't come in to the equation = out of work, network y would not be amused if they found out

2006-11-29 09:01:10 · answer #5 · answered by Anonymous · 0 0

you should decline, based on the fact that you believe it to be unethical. That might win you points. After all, network Y wouldn;'t want / expect you to do same to them one day!

2006-11-29 09:04:30 · answer #6 · answered by barry-the-aardvark 2 · 0 0

I see, so you think you are so good at sales that two hours in the competitors shop will bring the other sompany down in ruins.

Merde, forget them, if you are that good I will employ you.

2006-12-01 04:18:52 · answer #7 · answered by manforallseasons 4 · 0 0

come on all good employers employ on a probationary contract so there is no need for you to work for nothing. i would doubt this companies integrity and stability if they want you to do this.

2006-11-29 09:14:14 · answer #8 · answered by Anonymous · 0 0

Noooooo but you shouldnt do things like that period just based on morals

2006-11-29 09:24:39 · answer #9 · answered by Earl Morton 2 · 0 0

Read your employee hand book it will state weather or not you can

2006-11-29 09:00:35 · answer #10 · answered by Lab Runner 5 · 0 0

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