I currently work for one of the three big chains. I want to do some prn work at a costco about 50 miles from my homestore. Should i even try? I am going to let both companies know. I am supposed to get permission from human resources. My question is is there a chance they will let me and second question will i get fired or looked down upon for asking. I am set schedule 40 hours so it wont affect my performance or days i work for them. Thanks!
Is working for multiple retail pharmacies allowed?
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I really don't see why not. I got a friend who is currently working at two different retail stores (One full time, one part time, she's working 6 days/week). It is already hard to find a pharmacy job, so if you can find a second one, and you're willing to work extra hours on top of your already busy schedule, then why not? And plus, it is Costco! I don't know where you're from but so many pharmacist in California would kill for a position at Costco (Costco treat its workers well, pays decent, has good benefits etc.)
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What state are you located in?
There's a whole body of law concerning this. It deals with the legal issue that an entity can attempt to prohibit you from working for another "competitor." In some states, this is outright illegal; in other states, there are strict limitations.
In general, employers cannot dictate what you do off company time. It's like telling a restaurant waiter they can't work catering events on their days off. It'd be like my hospital telling me I can't run a pharmacy consulting business from home. Screw you.
I can only comment on the legal aspect, and not whether you will be looked down upon or discreetly terminated by your present employer. If you agreed to a non-compete at the time of hire and your state allows such agreements, not much you can do. The only thing you can really do is move to California to have the thing invalidated by a California court. California does not recognize or enforce non-compete agreements tendered in the 49 other states, nor does it enforce such judgements here.
There's a whole body of law concerning this. It deals with the legal issue that an entity can attempt to prohibit you from working for another "competitor." In some states, this is outright illegal; in other states, there are strict limitations.
In general, employers cannot dictate what you do off company time. It's like telling a restaurant waiter they can't work catering events on their days off. It'd be like my hospital telling me I can't run a pharmacy consulting business from home. Screw you.
I can only comment on the legal aspect, and not whether you will be looked down upon or discreetly terminated by your present employer. If you agreed to a non-compete at the time of hire and your state allows such agreements, not much you can do. The only thing you can really do is move to California to have the thing invalidated by a California court. California does not recognize or enforce non-compete agreements tendered in the 49 other states, nor does it enforce such judgements here.
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Most employers consider pharmacists "management", ie salaried, and thereby forbid them from working for competitors on their time off. I'm not familiar with the law that confettiflyer is referring to, but I would be pretty sure that salaried employees are exempt from this ruling (just as salaried employees are exempt from much of labor law.....if you are salaried then it is probably a different situation.)
I would guess whether your employers will allow it, will depend if either of them have a store in the area of the other store....ie if you are working for an independent and then the nearest Costco that is 50 miles away, these 2 stores aren't really direct competitors, so it may not be a problem for your employers. However, if you are working for, say WallyWorld that has a store 50 miles away next to Costco, then neither store is going to approve your working for them, because each store is in direct competition with each other.
I would guess whether your employers will allow it, will depend if either of them have a store in the area of the other store....ie if you are working for an independent and then the nearest Costco that is 50 miles away, these 2 stores aren't really direct competitors, so it may not be a problem for your employers. However, if you are working for, say WallyWorld that has a store 50 miles away next to Costco, then neither store is going to approve your working for them, because each store is in direct competition with each other.
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Pharmacists aren't exempt employees in CA. Confetti's talking about CA specifically where labor laws actually protect laborers.
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In general, based on Human Resources Manager of my chain, the answer is big No as evidenced that 2 pharmacists were fired this year after Pharmacy District Manager got tip and (sadly and reluctantly but had to investigate) had to spend time to spy and actually caught pharmacist at work place of competitor, namely, independent pharmacy.
Non-retail places are okay:
Hospital.
Closed door pharmacy.
Compounding only pharmacy.
Long term care pharmacy.
Government: county, jail...
Marketing.
Pharmaceutical representative.
Mail order.
In general, any pharmacy that will not pull retail patient away from your current retail pharmacy will be acceptable.
If you work for chain, retail patient comes over, gives you a script and gets med.
Independent can do the same, so independent can force you to steal record and call patient to attract patient to independent pharmacy, so, you can not work there.
Good, please ask your chain first at Human Resources Department.
If you are just asking and you did not work at competitor, they have no legal ground to fire you. They are very careful about Wrongful Termination Lawsuit.
They won't look down on you because they are too far away. They appreciate hard working workers trying to earn money legally.
Non-retail places are okay:
Hospital.
Closed door pharmacy.
Compounding only pharmacy.
Long term care pharmacy.
Government: county, jail...
Marketing.
Pharmaceutical representative.
Mail order.
In general, any pharmacy that will not pull retail patient away from your current retail pharmacy will be acceptable.
If you work for chain, retail patient comes over, gives you a script and gets med.
Independent can do the same, so independent can force you to steal record and call patient to attract patient to independent pharmacy, so, you can not work there.
Good, please ask your chain first at Human Resources Department.
If you are just asking and you did not work at competitor, they have no legal ground to fire you. They are very careful about Wrongful Termination Lawsuit.
They won't look down on you because they are too far away. They appreciate hard working workers trying to earn money legally.
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100% incorrect. This isn't labor law, it's contract law. California will nullify any non-compete agreements even if they were signed/executed out of state. All you have to do is move within our borders and apply for a job here, and it will automatically be nullified.
There's a theoretical debate on whether the State is compelled to honor these agreements under the Full Faith and Credit clause of the constitution, but seeing as that would force every state to honor same-sex marriages as well, no one has pushed this through the courts.
Further, by law, non-management pharmacists are hourly employees as of 1/1/2000.
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This is in Los Angeles? I would advise these terminated individuals to seek legal counsel for possible wrongful termination.
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I have worked multiple jobs at various times in my career. I worked retail, also worked for a rent-a-pharmacist company and worked directly across the street from my full time job at a competitor, hell, once I worked for another store in my same chain (that I had floated to at times) under the employment of the staffing company because I made more money working for them that I did working overtime for them - talk about stupid management.
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so are you saying my employer cannot fire if they found out that i work for a competitor, even if the contract says i cannot? because of the CA laws? God bless California....
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My posts do not constitute actual legal advice, and reading said posts do not establish an attorney-client relationship, but mostly because I'm not an attorney. For entertainment purposes only.
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fair enough
