If I work for one company, can the they make me do work for their competition with me getting paid for my work?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I work for one company, can the they make me do work for their competition with me getting paid for my work?

I work for Labcorp and I draw blood for the company but some of my patients have insurance that can only be drawn by our competitors quest lab or others. I have never been trained with Quest and they expect me to know the protocol. Also, to do they work for free as a courtesy to the office of the doctors. Now when I first got hired with Labcorp I signed a contract stating that I can’t work for the competition as a part-time job or anything. Now is that fair for me to do this now without getting paid?

Asked on March 27, 2017 under Employment Labor Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You agreement to not to compete with your current employer, can be temporarily waived by it. This means that you can if fact go work for a competitor with your employer's permission. That having been said, you must be paid for all hours that you work, not matter who you work for. If you are a salaried employee, then you are so being paid since your salary covers all work that you do. However, if you are paid hourly, then each hour you work you must be compensated for. Further, if you are a "non-exempt worker (and mosy hourly worker are), then you to the extent that you work over 40 hours in your work week, you should be paid overtime.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can make you work for the competition: your employer decides who you work for, what your work is, what your duties, are, etc. Your employer can have you do any work for anyone they want.
No, they can't make you work without being paid for your time, if you are an hourly employee: hourly employees must be paid (including overtime, as applicable) for all work done at their employer's instructions or request. However, if you are salaried, you salary covers all work you do; they do not need to provide additional compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption