Moral or Conflict of Interest?

I am wondering if it would be "under handed".
I have been mostly reading this forum for about a year, commenting on topics I have experience in, restaurants and my experience managing restaurants.
I am going to do a Lunch Truck in a near by city. I have been doing research for a year now. I have met with Health Dept., also talked to person who will be my inspector, met with building and zoning about rules and regulations for the city.
Went outside local area to (Kansas City, Missouri and Los Angles, California) meet and talked to street vendors who target same market I will, some lunch truck manufactures and a commissary and ask questions about the business. I also have a counselor through SCORE part of SBA.
That is some history. Question is; if there is an established company who does COMPLETE FULL SERVICE VENDING, CATERING, OFFICE COFFEE SERVICE, CAFETERIA OPERATIONS, COMMISSARY FRESH VENDING FOOD and I have been notified through local govt. employment agency they are looking for a manager, can I apply for the position to learn more about this specific industry?
I live in a tourist, seasonal city. I am collecting partial unemployment as the slow season is upon us, and I am looking to make more money to expedite my dream of owning and running my own business.
This job is in the same city I am going to do my truck. They are not the same company running the vending machines at a manufacturing plant where I already have permission to park my truck when I get it.
I hope I did not ramble to much useless info.
Thank you for your time.

I would do it for the experience. I worked for a national concession company a dozen plus years ago.. I learned a lot, some good, some things I would never have wanted to know also. But the final line here is your gaining more knowledge, while collecting a paycheck, that you can incorporate into your business. I wouldn't call it a conflict of interest, unless you started stepping on their toes (nabbing some of their accounts)... But I'm pretty sure their lawyers will let you know when that happens. If your required to sign a confidentiality agreement, read it carefully first, and make sure it wouldn't interfere with your biz.

pdxyyz, I have not applied yet. And if I was going to do a lunch truck would that be competing? I know there are vending machines inside the plant, and they are maintained by a different company.

So long as you dont steal there accounts and give a proper notice before you leave. And remember it is a small world and you are most likely to see them down the line. And how long do you think you will work for them? How would you feel if sombody did it to you? And the other problem is remember they are hiring you on the pretense that you will stay and some other qualified individual wont get the job if you do. I personally would not do it. But then again you might actually like working for them and stay on...Russ

If the company gave you the OK to park on their premises, I don't have a problem with that. When our plant signed a vending contract, I had to agree not to allow other vendors (lunch wagons, etc.) on-site. When some of our Mexican employees had their families set up a "taco truck," I had to move them offsite, even though a good portion of our employees wanted the Mexican foods.

quote:

Originally posted by me_again

I am wondering if it would be "under handed".

If you do not use your position to solicit business, then there is no conflict of interest UNLESS your employer specifically forbids you to conduct off-hours business within the same occupational industry. That also means that you should not use even one second of time on the job to work on your own business in any capacity, or use any of the employer's equipment (phones, email, internet research, copiers, etc). I would even be real wary of conducting any personal business related to your own company during lunch and personal breaks.

The other thing you want to be very careful with is letting your business interfere with your regularly scheduled hours of work with your employer. That will be the biggest issue to your employer.

Let's say you're successful in your new enterprise, (hope you are) and get to a position where you want to expand and need a manager. So you hire someone, train him and give him the benefit of your hard-earned experience. Then when he's mastered the job and finally able to really earn the money you're paying him, he leaves to start a competing business.

What would your reaction be?

quote:

Originally posted by rjb

Let's say you're successful in your new enterprise, (hope you are) and get to a position where you want to expand and need a manager. So you hire someone, train him and give him the benefit of your hard-earned experience. Then when he's mastered the job and finally able to really earn the money you're paying him, he leaves to start a competing business.

What would your reaction be?

That's why God invented non-compete clauses. Everyone I hire is required to sign one.

quote:

That's why God invented non-compete clauses. Everyone I hire is required to sign one.

Non-competes are valid in some places, but aren't worth the paper they're written on in "right to work" States, which recognize such clauses as an infringement on a person's right to work wherever they choose and are qualified.

Nothing underhanded about hiring on somewhere just to learn about a particular industry as long as you give them an honest day's work for your day's pay. That's just the way it's done.

Anytime you hire and train a bright, self-motivated, hardworking young person (in other words, a good employee) you are potentially training your eventual competition.

quote:

Originally posted by SimonD

quote:

That's why God invented non-compete clauses. Everyone I hire is required to sign one.

Non-competes are valid in some places, but aren't worth the paper they're written on in "right to work" States, which recognize such clauses as an infringement on a person's right to work wherever they choose and are qualified.

Not true. They don't infringe on the right to work within the same industry. Plus, even in so-called right-to-work states, non-compete clauses, if they are part of an initial hiring contract, have always been viewed in the same way as a trade-secrets clause. The only stipulation is that the terms of the non-compete must be time-limited. The typical term is for 3-5 years.

quote:

Originally posted by davebugg
Not true. They don't infringe on the right to work within the same industry.

Dave, that's exactly what they do.

I own a very specialized business outside the food industry. Whenever I train a new worker, they must first sign a non-compete as part of their apprenticeship contract that states they they will not work within the industry, for another company in any capacity, anywhere within 50 miles of any of my active locations, for a period of five years.

That all sounds well and good, and it works well as a bluff. But I have been told by an attourny that it would not fly in court because mine is a right-to-work state.

quote:

Originally posted by SimonD

quote:

Originally posted by davebugg
Not true. They don't infringe on the right to work within the same industry.

Dave, that's exactly what they do.

I own a very specialized business outside the food industry. Whenever I train a new worker, they must first sign a non-compete as part of their apprenticeship contract that states they they will not work within the industry, for another company in any capacity, anywhere within 50 miles of any of my active locations, for a period of five years.

That all sounds well and good, and it works well as a bluff. But I have been told by an attourny that it would not fly in court because mine is a right-to-work state.

I think the attorney is incorrect, as right-to-work (Taft-Hartley) pertains to union 'open' and 'closed' shops, and not other issues pertaining to employment.

How many tiems have you had to use the non compete clause? I have had one at every employer I have ever worked for. The fact of the mater. Litigation and state laws many times will trump them. The best many times you will be able to do is fire the employee.

quote:

Originally posted by davebugg

quote:

Originally posted by rjb

Let's say you're successful in your new enterprise, (hope you are) and get to a position where you want to expand and need a manager. So you hire someone, train him and give him the benefit of your hard-earned experience. Then when he's mastered the job and finally able to really earn the money you're paying him, he leaves to start a competing business.

What would your reaction be?

That's why God invented non-compete clauses. Everyone I hire is required to sign one.

quote:

Originally posted by daytrader106

How many tiems have you had to use the non compete clause? I have had one at every employer I have ever worked for. The fact of the mater. Litigation and state laws many times will trump them. The best many times you will be able to do is fire the employee.

quote:

Originally posted by davebugg

quote:

Originally posted by rjb

Let's say you're successful in your new enterprise, (hope you are) and get to a position where you want to expand and need a manager. So you hire someone, train him and give him the benefit of your hard-earned experience. Then when he's mastered the job and finally able to really earn the money you're paying him, he leaves to start a competing business.

What would your reaction be?

That's why God invented non-compete clauses. Everyone I hire is required to sign one.

I have had to sue under a non-compete clause twice. Each time was a slam dunk against the worker.

This gives a good overview of the considerations in a non-compete agreement clause:
http://midcareer.monster.com/articles/movingout/noncompete/

The real bottom line is YOU have to worry about YOU. Believe me, the vending company is not looking out for you, they are looking out for themselves. I see nothing wrong with taking that position for the time being and then moving to follow your dream when the time is right. (Of course, non-compete clauses may apply, so be prepared for that).