Can I Be Employed Full Time by Two Companies at the Same Time

[Andy Lee]

My question involves labor and employment law for the state of: NY

I am a full time sales employee, and I have been offered a job by a different company. The two companies are not in the same industry, so there is no competition between the two. My plan is to attempt to work both jobs full time. I would use Monday/Tuesday to travel for company A with their company car, Wednesday/Thursday to do the same for company B, then use Friday as my office day for both jobs. I work based out of an office in my home. I figure I can do as good a job working 3/5ths of a week for each company as most sales reps do working full time since most sales guys tend to slack a bit.

My question is, would this be illegal in any way? I have no intention of telling either employer, and I would be sure to only document expenses with each company that I spent in time traveling for them. So, can I do this? Is it legal. I am aware I may be fired if either company found out, but I'm only concerned with being sued or in legal trouble if I do this. Any advice?

[jk]

in itself, it isn't illegal. If you claim you worked more hours than you did for either company and are paid for them, then that is illegal. Obviously as you have stated, either company is able to fire you for what you are doing though if they choose.

[Mr. Knowitall]

Also, even if you handle everything in a completely above-board manner, we cannot promise you that one employer won't suspect fraud or accuse you of fraud should it find out about the other.

[Andy Lee]

Also, even if you handle everything in a completely above-board manner, we cannot promise you that one employer won't suspect fraud or accuse you of fraud should it find out about the other.

Would they have grounds to sue me in that case?

[Foster_Foster]

You do not bother to tell us what your arrangement is with either employer in terms of what they expect in working hours, if any, or whether it's just a matter of goals. The rationalization about figuring you can do as good a job working 3/5s as most do "full time" tells me that you know your employer expects you to be working "full time" on their stuff alone but, again, we don't know what "full time" means to them. Now if they don't have a policy about working elsewhere and you aren't told what "full time" means, fine.

I don't see any angle for any kind of "fraud" unless you know you're supposed to be working from 9-5 (or whatever) on a given employer's stuff alone, regardless of whether the compensation is goals-based (say, commission only).

[Mr. Knowitall]

You don't see how a fraud accusation could arise because, when it comes to what could happen in a case like this, you don't know your left foot from your right. When an employer finds out that an employee who is responsible for managing his own time, and is paid on a full-time basis, has supposedly been working full-time elsewhere, that employer is going to suspect that it has been cheated and is going to question and scrutinize time sheets, travel reimbursements and the like. It doesn't matter a lick whether or not there was a regular work schedule.

[Andy Lee]

You don't see how a fraud accusation could arise because, when it comes to what could happen in a case like this, you don't know your left foot from your right. When an employer finds out that an employee who is responsible for managing his own time, and is paid on a full-time basis, has supposedly been working full-time elsewhere, that employer is going to suspect that it has been cheated and is going to question and scrutinize time sheets, travel reimbursements and the like. It doesn't matter a lick whether or not there was a regular work schedule.

These are "Sales Manager" jobs where I am responsible for selling activity within a set territory. I am paid an annual salary. There is no set work schedule, no time sheets, etc.. There are performance bonuses based on sales goals, conversions, logging calls into the computer system etc. One such job asks that we log 10 sales calls into the CRM system per week. If I can make those calls in 2 days and it takes others 5 days to do them, where is the company losing out?

Again, I believe I can legitimately work both jobs and do an adequate job. I also believe if either company knew I was working a second job, they would want to terminate the relationship. I'm willing to take that risk, but don't want to get caught up in something that is illegal, which I don't believe this is.

[Mr. Knowitall]

You can do whatever you want and, if caught, can face whatever follows. We cannot predict the future for you.

[cbg]

If you are asking whether the law prohibits you from working full time for two companies at the same time, the answer is no, the law does not.

If you are asking whether, since the law does not prohibit it, the employers are required to allow it whether they like it or not, the answer is also no. Just because the law permits it does not mean the employer is obligated to do likewise. If either or both companies feel that your dual positions create a conflict of interest, may distract your attention, or just plain don't want to allow it, then either or both of them can fire you, and the law will have nothing to say.

If you are asking whether either of the two companies WILL fire you, you'll have to wait for an answer until the Magic 8-ball comes back from the repair shop, the crystal ball is recalibrated, or Madame Zuileka comes back from vacation.