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I have permanent employment where I don't work at 100% capacity and I do my own consulting on the side for the rest of the time. I've got a waiver signed with the current employer from working on assignments that might compete with my employers products/services - that's ok.

Potentially looking to shift over to another employer and the new employer would like to vet all of the personal assignments that I do on my own consulting. How common is this? All assignments come with confidentiality clauses that would make doing this difficult to say at least.

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  • Depending on jurisdiction there may be some restrictions on what the new employer is or isn't allowed to request or write in the contract. Could you add a country tag?
    – quarague
    Feb 19, 2023 at 16:25
  • Sure, udpated the tags. Feb 19, 2023 at 20:00
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    Is the new employer taking you on as a full-time permanent worker? There are often different arrangements for part-time contractors/temps and full-time staff.
    – Stuart F
    Feb 20, 2023 at 16:19

2 Answers 2

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At least in the US, your current arrangement is very unusual. Most permanent employees are not permitted to work side jobs that compete with their employer.

Also in the US it's not unusual for new employers to require you aren't competing with them on the side and ask that you clear other projects with them.

If you aren't able to provide sufficient details for whatever reason, it's highly probable they won't allow it.

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Putting aside the legalities of Non-Disclosure contracts vs the companies request (honestly I can't answer that and I suspect that question will require a Lawyer)

I've seen people do this previously - the Rule of Thumb in NZ at least is something like 'the further the side-hustle is from your main job, the more okay it is'

e.g. someone works for a construction business and has a side gig doing wedding photography - A-OK, they aren't competing for business - everything is fine.

Without knowing how proximal your side-gig is to your main job it's difficult to tell how okay or not okay this is.

I have seen an instance where a worker who worked for a Website hosting company had an IT side business, initially it was fine, until customers who had issues with their website that were outside the scope of support got 'referred' to this side business.

My advice would be to make a determination of how close to your main job, your side gig is. If it's too close, you may have to accept that a new employer may be uncomfortable with the arrangement and so rather than risk breaching confidentiality, you let the opportunity go and look for another employer who will be more accommodating.

Either that or stick with your current employer or look at turning your side-gig into a full-time business.

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