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  1. #1
    Join Date
    Nov 2017
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    3

    Default Can You Do Work for Your Former Employer After Starting a New Job

    My question involves labor and employment law for the state of: Michigan
    I got an offer from Company B. I put in my resignation at current company (Company A). Company A dont want me to let go early. They are asking me to stay 2 weeks, company B cant wait for 2 weeks as the guy who is supposed to train me is leaving for vacation for a month in 2 weeks. Company B is asking me to come in for 10 hours in my final week of notice so that they can put me in their system and give me brief representations on what needs to happen for next 2 months.
    Both companies are completely different domain and I wont be using anything from company A for use at Company B and vice versa. Thinking about going to company B after work at company A?
    Is this legal? Are there any legal consequences to this? Please advise?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Important

    I don't know what you're asking. Is what legal? Any legal consequences to what?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Important

    Do you have a contract with company a? If not, Michigan is an employment at will state. That means either the employer or employee can terminate the employment relationship at any time.

  4. #4
    Join Date
    Nov 2017
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    3

    Default Re: Important

    Quote Quoting cbg
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    I don't know what you're asking. Is what legal? Any legal consequences to what?
    I am asking if I go to work at my current company for full 40 hours and do a 10 hour after work at company B, that will not be a cause of concern, correct?

    I understand that employment is at will but they were forcing me to give a 2 week notice and the new company is not able to wait for 2 weeks. So, to resolve this amicably, I came up with a resolution of continuing at current workplace for 2 weeks and going to new place for a week after work for an hour. Both companies are working in different domains and I wont be using each others resources. Will this be ok, legally?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Important

    Unless you have a contract requiring it, they can’t force you to provide 2 weeks notice.

    I see nothing wrong with your solution.

  6. #6
    Join Date
    Oct 2017
    Location
    East Coast
    Posts
    45

    Default Re: Important

    I knew of a company in Michigan who had it written in their employment contract and handbook (that they love to claim was not a real contract) that YOU are AT WILL and can be fired at anytime,,,,, but that it is "courteous" to give your current company 2 weeks notice because it is the right thing to do and makes you look better to the new company. Kinda defeats the purpose of AT will. but.... I wonder if all michigan employers use the same template. I went and dug up the (non) contract to share the language:

    "Employee understands that the company has obligations to xxxxx. IN light of this understanding, Employee hereby agrees to give XXXXX a written notice of 14 days prior to terminating this Agreement. I am confused by this too. What is the point of being AT WILL if you cannot leave. It's not uncommon to hear how people do give 2 weeks notice and then end up getting immediately fired. I don't think anything can happen to you but who knows. Michigan also demands that you inform them of need for an accomodation within 182 days but the ADA says you can ask for one at anytime. Very confused by Michigan.

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Important

    Quote Quoting curiousandskeptical
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    What is the point of being AT WILL if you cannot leave. It's not uncommon to hear how people do give 2 weeks notice and then end up getting immediately fired. I don't think anything can happen to you but who knows.
    The vast majority of private employment in the U.S. is at will; few employees have an employment contract for a definite term (e.g. 1 year, 5 years, etc) and thus either the employer or employee may terminate the employment relationship at anytime for almost any reason. There are a few reasons the employer may not terminate employment, but outside of those few reasons the employer can fire you even if the reason is stupid, illogical, or mean spirited. Unless the employee has a contract to work for some specific period of time he can quit and walk out the door at any time and not be obligated to work even a second more. Now, that may burn bridges with the employer and perhaps the employer may give out a less glowing reference in the future because of it, but that’s about all the fall out the employee would have. Employee handbooks, acceptance letters, or whatever else the employer hands out to the employee very rarely amount to contracts. This is pretty much the case in every state, including Michigan.

    Quote Quoting curiousandskeptical
    View Post
    Michigan also demands that you inform them of need for an accomodation within 182 days but the ADA says you can ask for one at anytime. Very confused by Michigan.
    Michigan has its own law regarding discrimination by employers against employees. That law has a number of differences from the ADA. An employer with employees in Michigan needs to comply with both the federal law and the Michigan law with respect to those employees. If the employer violates both statutes the employer may be sued under both laws. If the employee does not qualify under one of those laws but does qualify under the other, he may still sue for the law that he does qualify for. So, for example, if the employee did not make a timely request for accommodation under the Michigan law the employee would not win a lawsuit under the Michigan law but might still win a case under the federal ADA.

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