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Post Info TOPIC: Dismisal after resignation
Hacked off

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Dismisal after resignation
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Hello,

I am being threatened with dismissal for "moonlighting".  This is true, I have not stopped my business since I started working almost 6 months ago.  I don't have a contract in place, although asked for it, and everything has been verbal, including salary, expenses etc.  Manager is now asking for information so he can decide my fate, either fire me for not divulging my business profits and sales, or not discipline me but give him information and deduct off my salary.  However he has not given evidence and I am not willing to give him information.  First question, is this fireable.  If so, if I resign from the company, can I be disciplined and fired in my final month of work? 



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Anonymous

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Perhaps I should clarify my actions, although not sure these are excusable.  I am not in competition with the company for products, and not actively pursuing clients in my day to day activities, however I have clients who still rely on me for cost effect consumable items and contact me for assistance.  And so far in 3 months 2 sales have come through.



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Labour Protect

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Good day,

 

The question as to whether the company may dismiss you is entirely dependent on the companies disciplinary policy.   The policy will dictate the severity of moonlighting outside of your normal working hours and what the appropriate punishment would be. Furthermore its seems as if you are happy with your income you derive from your moonlighting, if you feel that it is a more profitable endeavor, then it is entirely up to you to decide as to whether to resign. From what I understand about the employment relationship between an employer and a employee, The employee has a fiduciary duty not to be in direct competition with his employer and consequently to render his labour potential to said employer. To this, employers generally  would want their employees to hand their entire labour potential over to the employer, the fact that you have the opportunity to moonlight would mean that generally they are not utilizing your entire potential.

One thing that I should however bring up is that if you like your current job then you should not damage your employment relationship. This would mean complying with what your manager asks.  If you feel that the reduction from your salary is an unreasonable punishment, then I would advise you to approach a labour law attorney in order to assess this.  

 

LP



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