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gcjetfan
09-19-2007, 03:07 PM
:confused: My daughter who is 17 years old works at a YMCA, doing babysitting for people who are using the Y. She has been made to sign a paper saying she will not babysit for anyone she met through the Y after hours and on the weekends. Can they do this? This is not a service that they provide for member during these off hours. She has been sitting for at least 3 families she met at the y for about a year and a half already. Two of the families the parents work for the Y. The YMCA claims the are responsible even after hours. This is taking a lot of extra cash from her and she needs it for car payments and school. Any guidence would be helpful.

I guess my main question is, how can they restrict her from doing something at night and on weekends?

DAW
09-19-2007, 04:21 PM
This is going to be a very soft answer, but my best guess is:
- Yes, the employer can make the employee sign the piece of paper (or risk being fired. If the employee refuses to sign the paper and is terminated, the termination would probably be legal.
- But, the so-called agreement is probably not legally enforcable.

cyjeff
09-19-2007, 04:33 PM
Legally enforceable is not the same as legal to terminate.

If she is told not to do something and does, she can be terminated for it. Because there is no law against it.

demartian
09-19-2007, 06:59 PM
:confused: My daughter who is 17 years old works at a YMCA, doing babysitting for people who are using the Y. She has been made to sign a paper saying she will not babysit for anyone she met through the Y after hours and on the weekends. Can they do this? This is not a service that they provide for member during these off hours. She has been sitting for at least 3 families she met at the y for about a year and a half already. Two of the families the parents work for the Y. The YMCA claims the are responsible even after hours. This is taking a lot of extra cash from her and she needs it for car payments and school. Any guidence would be helpful.

I am unsure of NJ, but in TN, it would be fully true that they are resposible even after hours because of some not-for-profit organization child protection laws we have here that are very strict.

It would be a state law you are looking for on that one.

Pattymd
09-20-2007, 05:32 AM
And what you'd be looking for, specifically, is the enforceability of a "noncompete" agreement.

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