Conflict of Interest/Non-disclosure

[nyc_Structural]

Hello everyone.

I currently work at a local transit authority as a consultant hired through a staffing company. My am being paid by a staffing company and I was never asked to sign anything that resembled a non-disclosure agreement. I work, and perform duties of permanent employees at the authority, namely, I work as a construction inspector and answer to the resident engineer.

The authority has a Small Business Mentoring Program that I would like to participate in. The SBMP gives small contracts to construction companies, which I would be a principal or shareholder of. Having not signed any non-disclosure agreement with the authority and being an employee of the staffing company and not the authorty, can I assume that I am in the clear to go ahead and apply for the program?

The only mention of anything resembling a confidentiality clause that I've seen, seems to protect the staffing agency, which seems to read something along the lines of; "The employee is not to take direct employment of the authority or another staffing company until a 90 day period after termination from the staffing company has passed."

Thanks for the help!

 

[MacGyverS2000]

Perhaps you mean "non-compete"? Huge difference...

Dan - Owner

http://www.Hi-TecDesigns.com

 

[Lomarandil]

While potentially legal (I'm also assuming you mean non-compete), you may be raising an ethical conflict of interest -- either if your standing (employee or not) at the authority affects your selection to the program, or if the contracts offered by the program overlap with your duties as an inspector.

 

[oldestguy]

Doing something that likely raises ethical questions some day may significantly jeopardize your reputation if not soon, but later, when the fault cannot be undone.

 

[Maui]

I don't understand how signing up for a training course would be a conflict of interest regarding a non-compete agreement. Based on what you've shared you are not an employee of the authority, and taking a training course offered by them does not make you an employee.

Maui

 

[Panther140]

What would your role be within the small business mentoring program?

"Formal education is a weapon, whose effect depends on who holds it in his hands and at whom it is aimed." ~ Joseph Stalin

 

[hokie66]

Maui,
I don't think this is a training program. More like affirmative action for small businesses, one of which would be a construction company which the OP owns or has a share in.

 

[testing]

Sounds like OP works for Company A providing services to Company B and is asking whether it's a conflict of interest to accept money from Company B under his small business, Company C. Sounds like at minimum a perceived conflict of interest. While OP has not signed an NDA or anything with Company B, there may be an agreement between the companies that says employees of Company A providing services to B cannot utilize the program mentioned.

 

[IRstuff]

I definitely see a conflict of interest. As a contractor working for the transit authority, you are prive to "insider" information and have access to decision making personnel within the transit authority. If these contracts are competitive procurements, you have a potential advantage over a competitor that does not have your level of access to the transit authority.

It's likely that since the situation had not yet arisen, there was no need to enjoin you from participating in the program, but once you make it obvious that you intend to compete, you'll probably find that you will have to give up either your direct contracting job with the authority, or your interests are not going to be allowed to compete.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

https://www.youtube.com/watch?v=BKorP55Aqvg

faq731-376 forum1529

 

[Ron]

To use a term attorneys like...."In an abundance of caution" you should perhaps disclose all potential conflicts to all parties involved. This takes away any question as to your ethics for the initial involvement; however, providing inspection services and construction for the same entity is a probable conflict of interest, so tread carefully in that respect.

 

[nyc_Structural]

Thanks for the replies everyone, some very good information here.

 

[HiDrPo]

Your current employer's rhetoric is for their purpose in keeping you put and may not be legal. Don't over value your job since as soon as they lose the contract, you are gone.

As far as insider information, it's an municipal service that is an extension of government and the information you have is public.

Since you can not be paid twice for the same work and can not influence contracts, I see no ethical conflict.

Take your shot. Better to fail than regret. Nothing ventured, nothing gained. You may find yourself making money from the work of others which is easier than doing the work yourself.