Your advice welcomed...
My wife works for a company that on top of her salary give her a monthly 'incentive' reward of their cosmetic product(s) if she makes certain targets. She is free to choose what she wants from their product range, both in retail and professional (eg non-retail) sizes, values depending on her financial performance.
In recent times we've taken to selling some of these items on eBay, as she doesn't always want to use them herself, and she did have permission historically to do this from someone at head-office (although they may now not be around).
Apparently the company are now instructing staff generally to desist in this practice (presumably as eBay sales are for much less than full retail price and thus they feeling financial pinch?) The imtination is that employees who sell their incentives online are somehow doing something wrong.
Now, from my (admittedly non-legal) perspective I don't see it: the items have been earned and freely given to my wife and surely it's her business thereafter what she does with them, whether it be using them, giving them away as gifts to family and friends, or selling them on? I don't see why these items are not hers to do with as she wishes, on the basis that they have become her property?
As far as we recall there's never been anything to sign to say that incentives so received have to be kept solely by the recipient, so is there a legal point that I'm not aware of that stops us selling them online?
I suspect the 'fear' of possible future action within the company is probably enough for all employees to stop the practice, but it seems more like protecting profits and intimidation to me than being based on anything legally enforceable?
Anyone better versed in 'the law' than I am care to give a view? :-?
In recent times we've taken to selling some of these items on eBay, as she doesn't always want to use them herself, and she did have permission historically to do this from someone at head-office (although they may now not be around).
Apparently the company are now instructing staff generally to desist in this practice (presumably as eBay sales are for much less than full retail price and thus they feeling financial pinch?) The imtination is that employees who sell their incentives online are somehow doing something wrong.
Now, from my (admittedly non-legal) perspective I don't see it: the items have been earned and freely given to my wife and surely it's her business thereafter what she does with them, whether it be using them, giving them away as gifts to family and friends, or selling them on? I don't see why these items are not hers to do with as she wishes, on the basis that they have become her property?
As far as we recall there's never been anything to sign to say that incentives so received have to be kept solely by the recipient, so is there a legal point that I'm not aware of that stops us selling them online?
I suspect the 'fear' of possible future action within the company is probably enough for all employees to stop the practice, but it seems more like protecting profits and intimidation to me than being based on anything legally enforceable?
Anyone better versed in 'the law' than I am care to give a view? :-?
Post edited by Amfoot on
Comments
If her contract says she can sell these things on then no biggy and she should be able to continue, if not then the previous arrangement was a favour and if it's been withdrawn then guess there's not much to do.... worth checking if there's a clause on there saying something like "management can change this whenever" then I guess they can change things regardless of the contract
Flipside of course.....I don't use Ebay myself but surely there are ways to set it up so that she can keep doing it just not reveal it's her? Or just sell em via another method that isn't easy to trace
maybe there are a lot of fakes on ebay ? that's why they don't want the genuine article on there..
also it would annoy their wholesale customers perhaps also ? as there is normally a set wholesale price.. much like the software I use.. that the seller can't go under.
I beta test some software, they give me the end product free.. BUT another tester was selling theirs on ebay, which was breaking the agreement... so it depends on the context your getting the item I guess.
sure it's "yours" to sell , just because so many might be doing it.. it's losing the companies sales at full cost.
as it's cosmetics , reminds me of something years ago .where I worked a cosmetic product was going thru the system at 1p, when it should have been far higher ?2-3 ? I dunno. loads of women staff inc. higher up staff were buying things.. not a few items...100's of them. They all got warnings, but well if I had done a stunt like that I'd have got the sack.
but not sure about gifts.
i guess its up to the company policy really.
I suppose I'm asking whether the company's policy is lawful and enforceable though, or just what they want to happen.....?
well like most company policies, they can't take you to court but they can sack you.
so for instance its not illegal to wear jeans and a t shirt whilst serving food in mcdonalds, but you will lose your job from them if you do.
remember you still can break company policy even if your not actually at work.
the situation you described does sound like something a company would turn a blind eye to or not even think about people doing it.
Good example - I see what you mean!
of course a lot of these things are just sent in a memo with no actually follow up or enforcement. so for instance if someone complains about it, then yeah they will have to react.
perhaps on some of the listings the sellers actually mentioned where they got them from, etc which can look bad i guess.
it does sound like one of those 'policies' that an organisation would just turn a blind eye too though.
she did wonders for Burberry sales hehe
http://www.youtube.com/watch?v=gU_EMA87Fv8
(Apparently I can't embed Youtube videos..)
Obviously no company is going to like that.
But if she really wants to keep selling just create a new Ebay account in YOUR name...it's pretty unlikely it would ever be traced and even if it was...it's you selling it not her. So technically she hasn't broken the rule..
..she 'gifts' the items to you...you then sell YOUR property.
That's somewhat interesting as I buy cosmetics and perfume on ebay cheap for my girlfriend (no mile not for me). I guess all those sellers are doing the same thing.
EDIT: I did a similar thing when I worked for Compaq...I was in charge of writing off equipment..laptops, memory etc...which was then sold by weight to a 3rd party company.
I asked my boss if I could buy some of the stuff (he was a bit dim) and he said yes, so I got an E-Container with about 60 broken laptops in it for $200 or so.....I then sold the laptops on Ebay as broken/repair units for...$150-$300 each...
Just need to set up a totally random ebay account, ideally use your parents address or something in case 'somehow' the company were sneaky, they bought items online from you (to find out who is selling the setuff on) and want to send a cheque or something to see who the person/address is. Cant believe they would do that though
they might to make an "example" and whatever they give out , they mark with UV etc so they know who got it etc. so they could trace it back. maybe the gift packs or the sizes are unique to staff , thats another giveaway.
by making it official in the email they could claim it's "policy" now..
much like I get a perk at work..discount wise, but someone max's theirs out every year without fail.. and it affects the rest of us who don't..
someone did get the sack though, they tried to buy thousands worth of goods (with discount) but it was for a shop their family member ran. it comes under a "lack of trust" between the employer / employee, not sure of the exact term, but it was a disciplinary thing. I looked it up , "Breaching trust and confidence" or it could be construed as "gross misconduct" .