I was considering establishing an LLC and doing tax prep work on the side for friends/family for compensation, but EY strictly prohibits any "Extracurricular Employment." I never signed anything...

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It's about more than just the potential of doing work that could expose the firm to risk. It's also about the firm feeling that if you are running a business like that on the side, you won't be focused on your EY work. Whether you signed something or not, if the firm expressly told you not to do it, and you do it, and they find out they can fire you. Employment with the firm is "at will". They don't need a signed contract to fire you. For example, the firm tells you that you have to dress appropriately for work. Did we sign anything saying we would dress appropriately? No. but if you continually show up in your pajamas they will likely fire you. It's their game and they get to make the rules if you want them to pay you.

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Attorney here. While you are correct that courts are often skeptical of non competes that are not reasonable in duration or geographic range, while you are employed, they would almost certainly enforce a contract restricting a full time employee from engaging in the same types of services the employer offers. The reason the courts strike unconscionable non competes is because it is against public policy to restrict a person's ability to earn a livelihood once he / she is no longer employed. Here, you work full time for your employer, so those policy concerns don't really apply. Putting the contractual issue aside, you may also have a corporate law fiduciary duty to not usurp business opportunities from your employer. Often, this duty requires an employee to offer the opportunity to the employer before accepting it for him/herself.

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^Disclaimer. This is not intended to be legal advice, but rather a general discussion of potential outcomes. Please consult an attorney licensed in your jurisdiction for formal counsel... yada yada

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CCH RIA

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If you don't care if you keep your job, then go for it - but if it is in the policy or handbook or whatever, and you ignore it then you're probably setting yourself up for grounds to be let go.. but if you don't care, then there's probably not much more they will do

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The reason why you don't have to sign an agreement is because you are an at will employee. Meaning you or the firm can terminate your employment for no reason as long as it doesn't violate EEOC laws. So you don't have to listen to firm policy but they can fire you if you don't. Partners/directors sign an employment contract and generally included in that contract is a non compete.

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Yeah - I wouldn't be using the firm's resources. I bought into the AICPA Tax Section membership to get engagement letter and check list templates. Using standard research sources like CCH US Master Tax Guide, etc. Preparing and invoicing through Intuit ProConnect. Obtained professional liability insurance. The only possible connection to EY - if you call it a connection - is if someone were to look me up on LinkedIn and see that I work for them.

Like I said, I'll see what compliance has to say and might call a buddy of mine who practices employment law. I'll post my findings for anyone who's interested.

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Was thinking of doing this. Was going to have my friend conduct business but review all of his work- keeping my name completely out of it...

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Yeah I was considering listing my father (also a CPA, but retired) as the only member of the LLC but actually doing the work myself. I'm not an attorney, but I feel like what I just suggested is in some way illegal. As long as I don't use company assets/resources or do work on company time I don't understand what the problem could be.

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Could it be an implicit contract? By you continuing to work for EY you are bound to the company policy ?

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Did you sign a contract as a Staff, or higher up? Might be different between firms. I signed a confidentiality agreement, an offer letter, etc, but nothing regarding extracurricular employment. The policy (which I wasn't provided with prior to starting employment) states I can work other jobs, just nothing accounting related. The only thing I'm permitted to do is prepare returns for family and acquaintances for no compensation. And if they find out I'm providing services, they can collect from me any fees I charged, and any fees I continue to charge for two years thereafter. Seems unreasonable.

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I don't think it is a contract where they can sue for breach, but they can certainly fire you

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And non-competes are complete hogwash that's nearly unenforceable. OP, I'm sure it's covered in some way in the employee handbook, and you accepting the offer most likely explicitly agrees to the book. Could also harm you if you use the firm's image as your own, making the firm look bad. If they find out you're most likely fired, and you'll have no case against it, but if you're OK with that then go ahead and moon light. Idk where you'd find the time though?

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While you may not work on company time you work during hours that the company wants you to use to relax, your company paid vacation may be used to do your other work or recoup from doing two jobs which is not EY's intend to do. And the more you work the more likely it is that your performance at EY suffers. That's why they don't like to see that. You are also likely to use knowledge or Resources acquired while working at EY. Through research, conversations with colleagues, etc. but all that being said, if the business is in your dad's name and he signs tax returns the firm cannot proof that you prepared those returns. I wouldn't worry about a lawyer if you start with a few hundred bucks here and there.

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Your IP number was logged when you typed this message in FB... so you are traceable whether you like it or not. (Should come down to a real nasty lawsuit)

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...agreeing not to engage in such practice and HR couldn't provide a copy of anything I signed. They said "staff aren't required to sign an employment agreement". Does anyone have experience with this? Is their policy enforceable? Are they really going to take action if they discover I prepped a few 1040 for a few bucks?

Maybe. Idk the ins and outs of it. But even if it is, the company policy could be anything. Doesn't necessarily mean it's legally enforceable.

I'm pretty sure when I signed a contract there was a clause about it. Basically if you mess up, they don't want their name to be associated with it.

You sure it's not in the firm handbook? And that you signed something acknowledging your receipt and agreement?

Maybe i was just reading the policy, I can't remember. Need to check. But pretty sure they are against it. Maybe just do it and don't tell Anton

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