Needed quick Legal Advice - On Moonlighting
I'm currently working on an FTE job - wherein the offer letter its mentioned "During the term of your employment with the Company, you may not engage in any employment or act in any way, which either conflicts with your duties and obligations to the Company, or is contrary to the policies or the interests of the Company." Now, I'm getting enough time and I want to consider working in a 0-1 startup, and the new company I'm joining will know about my current employer - The above mentioned is the only clause the current employer have regarding working in other company. Can the current employer legally put a case anytime in the future if they get to know this? - what are the loopholes I can use here? What position I can join in as (Consultant, Advisory role) - Still an early career professional in order to avoid conflict afterwards. Thank you for your help!!
MightyLazyGeekStar
Stealth
3 months ago
You would essentially be moonlighting in this case. If you do eventually sign a consultant contract, the company can terminate you if they find out. Why not join the 0-1 firm full time and dedicate yourself out there?
Ideally these two are entirely different companies working in 2 entirely different domains - So not sure if the definition of moonlighting would work here - Even though I out it up in my post.
The current employer is more of a 10-100 stage startup and my prospective ones are 0-1 startups with less than 5-10 employees.
Suppandi
Stealth
3 months ago
Right now you might be getting enough time but sometime in future suppose you have more work in both the companies . How will you choose ?. Right now , I would suggest you grind and learn the technologies and gain valuable experience. Although some people have done two jobs at a time , it is a lot of headache if you get caught and also a question of ethics . One thing you might look at is to do freelancing work while you are still employed at the current company . Also you will be giving the same PAN to both the companies so they will be able to track you if they are vigilant
Makes sense, I've considered this honestly. And I've been through that headache before as well - the instances you mentioned - sure happens often - but still wanna stick to building things.
I'm a bit worried, plan is to get started and ser how much time I'm able to.dedicate - at both the orgs and if I'm able to actually drive smth and perform well - otherwise I'll drop off.
As a contractual consultant or a freelancer - I'm planning to use these roles for job at a newer startup - and income is comparitively extremely limited as opposed to the existing job, but I'll get equity here - Again I understand - It's nothing if the company doesn't raise or make money
There are rules and every employer wants to fully utilise the employees, but you can work secretly, and there are very rare chances your full time employer would ever know.
I also pick projects from time to time, take payments in my family's account and never give any other detail to anyone.
That's helpful thank you, Can I join as an Advisor or a consultant or freelance employee - I needed a quick role.confirmation - Cause my prospective employer know about my current 9-5 Association, they're ready to be flexible.
Any contract role is fine, just discuss how you will get money. Better to not use your own accounts.
You cannot do anything for your current company. The moment they find out that you are moonlighting, they will create problems for you.
What you can do is to fake your identity in new org. Do not create an employee record using your name and docs. On paper, it may be your retired parents or non-working siblings but you will deliver tasks for them. get the money transferred to their account also.
This should be the condition from your side before working for the new client. No official record and hence no problem for you ever.
Note: Never let your prospective employer know about your current employer. You can mention as Big4 or Large MNC etc
wow, thank you. That's super Interesting actually. Again, technically not moonlighting - both the employers in question are startups - and entirely working on different domains - hence I believe no conflict, correct me if I'm wrong according to the definition of moonlighting here.
Current employer is a 7-8 year old startup 10-100 journey and my prospective one that I want to join is 0-1 Early age startup with less than 5 employees.
The idea was to join as an advisory role? do you think it'll work?
FindingHorses
Stealth
3 months ago
Tell your next employer about ur previous job that you can only dedicate so Many hours I have done this before no one found out
Yes I've done that, They agree and they don't mind me doing a 9-5. I've revealed this to them.
Can you tell me can the employer track your PAN if you're getting additional income from someone else? what would be best role to join the next employer - Advisory, consultant, freelance etc?
both of them are Non-conflicting startups each at a different stage?
Legally: They can sue you for breach of contract (depending on the remedies clause of the agreement) ans recover damages if the contract allows them to or ask for specific performance (enforce the contract against you, ie, make you quit the other job)
Loopholes: Your startup can chon be categorised as a conflicting business by a rational human being
Practically: They will terminate your services if they find out but unless your salary is super high, they won't sue you. They can create "soft" trouble for you like delaying your severance papers, not clearing your FnF, etc
-A lawyer
To again give you a bit of a context -joined my current employer as a fresher - This is a startup in 10-100 stage - been here for more that 7-8 years.
The prospective one I'm planning to join - they're 0-1 startups with less that 5-10 employees. Domains of both the startups are entirely different and not at all conflicting, the above mentioned is the only clause the current employer have in the entire offer letter which speaks about working in a different org.
Can I not join as an advisory role and not draw a salary exactly? I won't be on the payroll of the newer startup I'm joining they'll pay me on freelance or consultant basis.
Even After a full-time job, I can choose to consult or advice right?
Your thoughts are really helpful, just trying to stay on the safe side if worst case scenario happens.
