5 ms·

Is that legal? In the interview, you basically have to lie about your employment situation, right?

by olah_1 4y ago

buro9 4y ago
If we assume they started both on the same date, then they wouldn't have had to lie or mislead prior to that point. Then the question is only whether it's legal (contractually) to be employed by more than one employer at a time. But to that... would it be legal for a company to own every waking hour rather than just your employed hours? I've not seen anything that says someone has to be exclusively hired, but they would need to be able to fully do their job for their employed time and surely that's all that matters.
- the_jeremy 4y ago
  My contract says I can't be employed anywhere else. Part of it is for IP reasons, because they want to own everything I create.
  - mixmastamyk 4y ago
    I hope they are paying handsomely for that provision.
    - the_jeremy 4y ago
      I'm in the top 25% compensation for senior SWEs in my area, according to levels.fyi, and I only have 5 YOE, so I guess so. I don't know that either me or them feel like that provision is the driver of this, but if it weren't a great offer I'd probably fight harder.
djha-skin 4y ago
If it's in your contract where you promise not to work for anyone else without telling your employer, yes, it's illegal because breach of contract is illegal. But it's not illegal in its own right. However I doubt that they didn't make him sign a contract to the contrary so he's probably double dipping.
- bitL 4y ago
  He'll likely get fired once they figure it out but by that time he might be able to retire early.
- zamalek 4y ago
  Contracts don't determine what is legal and not legal. If the said person is found out then they would be in breach of contract and could be fired or sued. They would not earn themselves a criminal record.
  - solarmist 4y ago
    This is an underrated comment! Getting sued is not getting convicted of something.
  - alexfromapex 4y ago
    They could earn themselves a criminal charge if the court decides what they're doing is fraud which it likely is if they have signed something saying they wouldn't work elsewhere simultaneously.
    - notfromhere 4y ago
      It's not fraud. If you are performing to expectation, no one is being defrauded. Anti-moonlighting clauses are nonsense.
      - alexfromapex 4y ago
        If the expectation is that you're not moonlighting so you sign a contract saying that you're not but you actually are, it's fraud full stop.
        notfromhere 4y ago
        that's not enough to show injury. If an employee does all their assigned work, there is nothing of value lost by the employer. No injury means no standing means no fraud.
tvanantwerp 4y ago
How many CEO's are CEO'ing for more than one company? If they can do it, why not the plebs?
- bitL 4y ago
  Well, you aren't supposed to destroy the fabric of society! /s How do you think society would work if there was no restriction on the size of the group that is allowed to break the laws for their own benefit?! Imagine the horror if all plebs were allowed to do that! Could everyone live in Monaco or what?
  - Der_Einzige 4y ago
    Util(itsrianism) is truth(tilitarianism) The categorical imperative deserves to stay in the dustbin of history.
- SpeedilyDamage 4y ago
  Because the plebs sign contracts saying they won’t. It’s not illegal, just highly unethical. It’s also not true, he does not know someone doing this.
  - bitL 4y ago
    It's true, I know the guy. He's an outlier for sure, but he exists. Moreover, he moved from the toughest FAANG to more relaxed ones.
    - SpeedilyDamage 4y ago
      Well, if I didn't believe you before, why do you think "It's true!" would sway me?
      - bitL 4y ago
        You said "it's not true" and not "I believe it's not true", i.e. a fact vs opinion, so I reacted.
badpun 4y ago
You don't have to lie if you're unemployed during both of the interviews and then accept two offers simultaneously.

Is that legal? In the interview, you basically have to lie about your employment situation, right?

by olah_1 4y ago

Is that legal? In the interview, you basically have to lie about your employment situation, right?

If we assume they started both on the same date, then they wouldn't have had to lie or mislead prior to that point. Then the question is only whether it's legal (contractually) to be employed by more than one employer at a time. But to that... would it be legal for a company to own every waking hour rather than just your employed hours? I've not seen anything that says someone has to be exclusively hired, but they would need to be able to fully do their job for their employed time and surely that's all that matters.

the_jeremy 4y ago
My contract says I can't be employed anywhere else. Part of it is for IP reasons, because they want to own everything I create.
- mixmastamyk 4y ago
  I hope they are paying handsomely for that provision.
  - the_jeremy 4y ago
    I'm in the top 25% compensation for senior SWEs in my area, according to levels.fyi, and I only have 5 YOE, so I guess so. I don't know that either me or them feel like that provision is the driver of this, but if it weren't a great offer I'd probably fight harder.

djha-skin 4y ago

If it's in your contract where you promise not to work for anyone else without telling your employer, yes, it's illegal because breach of contract is illegal. But it's not illegal in its own right. However I doubt that they didn't make him sign a contract to the contrary so he's probably double dipping.

bitL 4y ago
He'll likely get fired once they figure it out but by that time he might be able to retire early.
zamalek 4y ago
Contracts don't determine what is legal and not legal. If the said person is found out then they would be in breach of contract and could be fired or sued. They would not earn themselves a criminal record.
- solarmist 4y ago
  This is an underrated comment! Getting sued is not getting convicted of something.
- alexfromapex 4y ago
  They could earn themselves a criminal charge if the court decides what they're doing is fraud which it likely is if they have signed something saying they wouldn't work elsewhere simultaneously.
  - notfromhere 4y ago
    It's not fraud. If you are performing to expectation, no one is being defrauded. Anti-moonlighting clauses are nonsense.
    - alexfromapex 4y ago
      If the expectation is that you're not moonlighting so you sign a contract saying that you're not but you actually are, it's fraud full stop.
      - notfromhere 4y ago
        that's not enough to show injury. If an employee does all their assigned work, there is nothing of value lost by the employer. No injury means no standing means no fraud.

tvanantwerp 4y ago

How many CEO's are CEO'ing for more than one company? If they can do it, why not the plebs?

bitL 4y ago
Well, you aren't supposed to destroy the fabric of society! /s How do you think society would work if there was no restriction on the size of the group that is allowed to break the laws for their own benefit?! Imagine the horror if all plebs were allowed to do that! Could everyone live in Monaco or what?
- Der_Einzige 4y ago
  Util(itsrianism) is truth(tilitarianism) The categorical imperative deserves to stay in the dustbin of history.
SpeedilyDamage 4y ago
Because the plebs sign contracts saying they won’t. It’s not illegal, just highly unethical. It’s also not true, he does not know someone doing this.
- bitL 4y ago
  It's true, I know the guy. He's an outlier for sure, but he exists. Moreover, he moved from the toughest FAANG to more relaxed ones.
  - SpeedilyDamage 4y ago
    Well, if I didn't believe you before, why do you think "It's true!" would sway me?
    - bitL 4y ago
      You said "it's not true" and not "I believe it's not true", i.e. a fact vs opinion, so I reacted.

badpun 4y ago

You don't have to lie if you're unemployed during both of the interviews and then accept two offers simultaneously.