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Work for two companies?
Posted by Big Lance on September 25, 2018 at 11:58 pmWithout divulging too much information, I am currently being asked by a company to become an officer. This particular company does strictly construction stake out work and occasionally does staking and as bulits of sewers in which in the state requires a license surveyor to oversee and sign/seal plans.
My question/dilemma is would it be legal to work full time for another company and simultaneously be an officer this company?
If anyone has been in this situation, any advice would be greatly appreciated!
thebionicman replied 5 years, 6 months ago 12 Members · 12 Replies- 12 Replies
Read your state’s rules very carefully. Some states don’t allow a licensed surveyor to work out of more than one office, on the theory that a person can’t be in responsible charge if they aren’t close to the rest of the staff.
If the companies don’t compete for work and both approve of the arrangement then I don’t see a conflict of interest.
There may be E&O insurance ramifications.
.Most States require licensees to have written permission from the primary employer prior to accepting other work. If the second company competes in any way it could also violate other business regulations.
I would suspect that this would be a “no go” . If you have to ask, then you probably have an uneasy feeling already. Trust your gut.
I’m gonna assume your licensed.
Off the cuff here but so long as you are not stamping plats (ie: the registered rls) at both places then I see no issue.
Oh……and why are you being asked to become a principal as opposed to an employee?
I mean a big cheese job is fine and all but something just sounds odd. Do you know these folks?
As an officer, you will have more liability than a salaried employee. I would advise performing extensive due diligence and extreme caution. Frankly, the offer sounds like some desperation is at play. In some states a licensed surveyor with an ownership stake in the company is required to offer survey services. I have turned down being an officer and stock offers on more than one occasion, due to finding poor or deceptive business practices in the organization. Unless you know these people very well and believe you eventually want to be part of this organization, you may want to consider passing on this opportunity or just being an hourly/salaried employee.
It depends on the State rules and laws, contact your state board and ask them.
Apologies to the Oak Ridge Boys……
Trying to have two bosses is like a ball and chain.
Trying to have two bosses is like a ball and chain.
Sometimes the pleasure ain’t worth the strain.
It’s a long old grind, and it tires your mind.Trying to hold two job is tearing me apart.
Trying to hold two jobs is tearing me apart.
One’s got the money, the other’s got my heart.
It’s a long old grind, and it tires your mind.Talk with your BOR.
“You can not server two masters”
Like some many others have said, check your state reg’s. In Tennessee, you can only stamp work for one company that provides surveying services to the public. But there is nothing that says you cannot serve the public from one company and sign a private company’s surveys as long as those private company does not offer surveying services to the public.
They offer a position as a company officer so they can avoid paying things like worker’s comp and disability and retirement … it’s the “owners and officers exemption.” It’s a sometimes-useful way to bootstrap a startup, not a good thing to walk into if they are an established company. It will bite you later if you get hurt on one of their jobs, or need to apply for disability.
- Posted by: thebionicman
Most States require licensees to have written permission from the primary employer prior to accepting other work. If the second company competes in any way it could also violate other business regulations.
I’ve no idea if that’s really true, as far as, “most states”. If it is I don’t see how that can be legal. As long as you’re not “stealing” work from or using their equipment, I don’t see what business it is of anyone what you do in your off time.
The reasoning is simple. Working for two different professional service corporations puts you in a spot to take unfair advantage of one of them. The written permission puts it above board.
As for legal, it is usually found in the rules of professional responsibilty. Licensees give implied or explicit consent to abide by those every time they apply or renew.
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