Can employer find out you have another job?

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ddddd
Posts: 9
Joined: Sun Sep 25, 2016 10:04 pm

Can employer find out you have another job?

Post by ddddd » Tue Aug 04, 2020 7:48 pm

A friend and I set up a start-up a year ago. It hasn't made much but we are finally getting some funding. In the meantime, I started a new full-time job in June and just work on the start-up on weekends. Well, I found out today that this new job doesn't allow you to make money at another job. It wasn't in my contract but buried on a HR policy page. So I have a dilemma here. What do I do? Technically I am not making money yet but once the funding goes through, I will start to.

At the start-up, I am mainly an Android developer. Our market is my own country Malaysia. At the new job I am a full-stack web and backend developer and the market is the Nordics. They are not competing in any way, shape or form. I don't use any company resources on the start-up.

My main question is that how could an employer find out you have another job? Can they see your entire earnings history for a year and who is paying? Or does GDPR cover this info. I feel like my weekends should be my business.

Honestly, I am willing to claim ignorance and just continue as I am right now. But what are the chances?



Can employer find out you have another job?

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betelgeuse
Posts: 3563
Joined: Thu Aug 29, 2013 1:24 am

Re: Can employer find out you have another job?

Post by betelgeuse » Tue Aug 04, 2020 9:31 pm

ddddd wrote:
Tue Aug 04, 2020 7:48 pm
A friend and I set up a start-up a year ago. It hasn't made much but we are finally getting some funding. In the meantime, I started a new full-time job in June and just work on the start-up on weekends. Well, I found out today that this new job doesn't allow you to make money at another job. It wasn't in my contract but buried on a HR policy page. So I have a dilemma here. What do I do? Technically I am not making money yet but once the funding goes through, I will start to.

At the start-up, I am mainly an Android developer. Our market is my own country Malaysia. At the new job I am a full-stack web and backend developer and the market is the Nordics. They are not competing in any way, shape or form. I don't use any company resources on the start-up.

My main question is that how could an employer find out you have another job? Can they see your entire earnings history for a year and who is paying? Or does GDPR cover this info. I feel like my weekends should be my business.

Honestly, I am willing to claim ignorance and just continue as I am right now. But what are the chances?
A general non compete is usually not enforceable. Join a union and get cheap professional advice. A starting point for reading is chapter 3 the Employment Contracts Act.

https://www.finlex.fi/fi/laki/kaannokse ... 010055.pdf

ddddd
Posts: 9
Joined: Sun Sep 25, 2016 10:04 pm

Re: Can employer find out you have another job?

Post by ddddd » Wed Aug 05, 2020 7:53 am

betelgeuse wrote:
Tue Aug 04, 2020 9:31 pm

A general non compete is usually not enforceable. Join a union and get cheap professional advice. A starting point for reading is chapter 3 the Employment Contracts Act.

https://www.finlex.fi/fi/laki/kaannokse ... 010055.pdf
Thank you. The problem is that the law is so vague about what constitutes a competing activity. Since I am a software developer in both positions, they might find something to say.

I have emailed a lawyer and will also re-evaluate when we actually start making money

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rinso
Posts: 3906
Joined: Fri Aug 25, 2006 7:22 pm

Re: Can employer find out you have another job?

Post by rinso » Wed Aug 05, 2020 9:54 am

Whether or not it is enforceable, your career prospects will not be good when your employer finds out.
Maybe talking with your boss might be a better option.

ddddd
Posts: 9
Joined: Sun Sep 25, 2016 10:04 pm

Re: Can employer find out you have another job?

Post by ddddd » Wed Aug 05, 2020 3:27 pm

rinso wrote:
Wed Aug 05, 2020 9:54 am
Whether or not it is enforceable, your career prospects will not be good when your employer finds out.
Maybe talking with your boss might be a better option.
I don't know. If I ask, I will be alerting them that I am even doing this when in fact the app we are making may not work out. The line stating this policy was buried so deep that it is not unreasonable that an employee doesn't know that the rule exists.

If they find out, and that's a big if, I will of course do whatever they say and quit the app

DMC
Posts: 1280
Joined: Thu Nov 16, 2006 9:17 am

Re: Can employer find out you have another job?

Post by DMC » Wed Aug 05, 2020 3:51 pm

If & when you get income from your side business they could probably see that but I doubt they would ever check unless you gave them cause to do so.

I had a similar situation, albeit 20+ years ago. I told the company I worked for full time that I wanted to do a second job. They were only interested in checking for potential conflicts with my work for them. Once it was clear there were none they were fine - in fact they allowed me to re-schedule my work for them to a 4-day week so I could do the other job for a full day each week. I have no way to know how typical that is of course.

ddddd
Posts: 9
Joined: Sun Sep 25, 2016 10:04 pm

Re: Can employer find out you have another job?

Post by ddddd » Wed Aug 05, 2020 7:44 pm

DMC wrote:
Wed Aug 05, 2020 3:51 pm
If & when you get income from your side business they could probably see that but I doubt they would ever check unless you gave them cause to do so.
Where could they see the information from? Isn't your income information private?

betelgeuse
Posts: 3563
Joined: Thu Aug 29, 2013 1:24 am

Re: Can employer find out you have another job?

Post by betelgeuse » Wed Aug 05, 2020 9:10 pm

ddddd wrote:
Wed Aug 05, 2020 7:44 pm
DMC wrote:
Wed Aug 05, 2020 3:51 pm
If & when you get income from your side business they could probably see that but I doubt they would ever check unless you gave them cause to do so.
Where could they see the information from? Isn't your income information private?
It’s not. You can get everyone’s total income from Verohallinto.


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