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Can You Get Fired Over Supsicion That You Hold a Second Job

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  • 03-24-2015, 02:36 PM
    blackop555
    Can You Get Fired Over Supsicion That You Hold a Second Job
    My question involves labor and employment law for the state of: Michigan

    Hello everyone.
    I used a personal day the other day and my boss came to another business my car was parked at came in and demanded to speak to me. He did not see me there. Next work day I have a meeting and am sent home as they check on this issue. I signed an employee handbook when I first started but was told in 6 months when I joined union the contract takes over.

    The handbook is against having a second job. The union contract on other hand states nothing about second jobs or non compete agreement, nor does it refer too the employee handbook.

    Wondering if my boss can hunt me down on day off, if not what can I do.

    Also what do I follow handbook or contract.

    Also if they don't mention second jobs in handbook can I?

    Thank you all very very much
  • 03-24-2015, 03:00 PM
    Taxing Matters
    Re: Accused of Second Job
    If second jobs are not discussed at all in the union contract then the next thing to look at is whether the union contract limits the reasons for which the employer may fire you. If the contract doesn’t limit the employer’s ability to terminate you in any significant way then presumably the employer may prohibit employees from working a second job and fire those that violate the policy.
  • 03-24-2015, 03:03 PM
    eerelations
    Re: Accused of Second Job
    So let me get this straight - you took a day off work so you could work elsewhere?

    Also, are you a member of the union yet or not?

    And even if you are in the union and the contract doesn't mention second jobs, that doesn't mean having a second job and/or missing shifts at your first job in order to work at the second job aren't prohibited activities...CBAs seldom if ever list every single prohibited activity.

    Finally, yes your boss is legally free to hunt you down anytime he wishes.
  • 03-24-2015, 03:07 PM
    blackop555
    Re: Accused of Second Job
    Took day off to work on a unpaid side project
  • 03-24-2015, 03:16 PM
    Disagreeable
    Re: Accused of Second Job
    Even when a CBA fails to mention a specific occurrence, the employer can rely on past practice.
  • 03-24-2015, 03:26 PM
    blackop555
    Re: Accused of Second Job
    One employee that quit around 2 years ago left every day 3 hours early for a second job and this was allowed.

    - - - Updated - - -

    Taxingmatters. Contract lists several things as imediete dismissal the rest follows verbal written and time off then firing. 3 strikes in 12 months. Major firing things are drunk on job. Bad mouth company theft etc...
  • 03-24-2015, 04:22 PM
    eerelations
    Re: Accused of Second Job
    You still haven't answered the question about whether or not you are in the union yet. This is very important! If you're not in the union, then the contract is completely irrelevant.

    - - - Updated - - -

    Quote:

    Quoting blackop555
    View Post
    One employee that quit around 2 years ago left every day 3 hours early for a second job and this was allowed.

    Irrelevant to your personal issue.
  • 03-24-2015, 04:53 PM
    blackop555
    Re: Accused of Second Job
    Yes I've been in it for 6 years now. Sorry

    - - - Updated - - -

    I also states about other employee because someone stated about past practice. That would be considered none no thought.

    - - - Updated - - -

    I'm just worried about possible legal issues if I get fired over this. Is there anything they can do or just fire
  • 03-24-2015, 05:07 PM
    cbg
    Re: Accused of Second Job
    That's going to depend on your union contract.
  • 03-24-2015, 05:15 PM
    eerelations
    Re: Accused of Second Job
    You need to have your union rep handle this.
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