Can my boss fire me for freelance design work outside of work?

Full question:

I am a graphic designer. I work for a sign company. My boss said he would fire me if I do any design for profit outside of work. We use different software and hardware. I would not advertise or take clients. I offered to refer my design clients to the sign shop for print needs. Can he legally fire me and deny me unemployment for this if I have signed nothing and was never informed of any such company policy upon being hired?

  • Category: Employment
  • Date:
  • State: Colorado

Answer:

Employers can require employees to work exclusively for them. In the U.S., employees are generally considered at-will, meaning they can be fired for almost any reason, as long as it isn’t discriminatory (based on age, race, gender, nationality, disability, or religion). If you don't have an employment contract or union agreement, your employer can terminate your employment without notice.

Non-compete agreements may prevent you from working for competitors after leaving a job. Courts enforce these agreements if the employer can show a legitimate business interest to protect, the restrictions are not overly broad, and the agreement is supported by consideration (something given in exchange for the agreement).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, if you pay a designer to create a logo, you typically own the rights to that logo. However, this can depend on the agreement you have with the designer. It's important to have a written contract that specifies ownership rights and usage. Without a clear agreement, the designer may retain some rights to the work. Always clarify these terms before the design process begins.

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