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View Full Version : Can my employer tell me I can't work a 2nd Job?


herrgy
03-07-2005, 05:02 PM
I am a help desk manager working for a retail business. I own my own computer support company. Today a memo came out stating that all managers and up cannot work a 2nd job.

Can my employer tell me that I cannot work for anyone else if i am not working for another retail company or another company that competes with them?

Sue
03-07-2005, 05:24 PM
What state are you in?
Are you currently working a second job or plan to?

I find no law that states you cannot work a second job.

I am curious -- did the employer state why they made this policy?

Thanks.

herrgy
03-07-2005, 05:27 PM
I am in NC.

They did not state why they decided to do this. It only applies to salaried employees.

I have owned my own computer repair business for more than 3 years and have been doing this on my own time for all 3 years.

Can they fire me for working a second job? They are stating that if anyone that is salaried works a second job that they will be terminated???

xild
03-08-2005, 06:55 PM
I've witnessed this done before, but I don't know if it's legal. I also don't know how they would be able to tell if you worked six jobs as long as it didn't interfere with your work.

Sue
03-08-2005, 06:59 PM
Most employers CAN terminate you for just about ANY reason as long as it is not illegal discrimination or does not violate a contract.

Therefore, yes, they most likely can terminate you for violating a company policy.

There is at least one major corporation now requiring all employees to QUIT SMOKING or they will be terminated. This goes for smoking on their own time, in their own homes.

I am guessing they don't want to compromise your ability to be available to them as needed - and that's their right.

I wish you the best.

cat
03-08-2005, 10:56 PM
Well I work more than one job myself it is legal to work more than one job as long as it does not effect your current work schedule ....

LConnell
03-08-2005, 11:05 PM
Your employer can prohibit you from working in a job that competes with your primary job. It is seen as a conflict of interest. While your privacy is protected to a certain extent, it is not protected when you are directly impacting their business. Running your own business that may be a potential competitor to their own business interests has direct impacts on their ablity to make a profit.

Sue
03-09-2005, 08:02 AM
Hi cat,

Yes, of course it is legal to work more than one job, but it's also legal for an employer to fire you for terminating company policy.

As we all know, the economy is very tight and many companies are scaling back. Each person must proceed in a way they can afford to -- including any consequences that come with their decision.

herrgy
03-09-2005, 01:16 PM
They have designated only certain employees. Not all salaried employees are being required to quit their second jobs. My company does not compete in any way with my fulltime job. How can they demand to know what he does away from his job? Are we not allowed to make money to support ourselves. This man has just put this policy into place after I have worked for the company for 5 years???

Do I have any recourse? Can you tell me where I might go to get additional advice? :mad:

LConnell
03-10-2005, 12:12 AM
I believe that there is nothing in the law that prohibits an employer from prohbiiting an employee to work in a separate job.

Sue
03-10-2005, 08:40 AM
TO ALL:

As I mentioned, it is not a matter of law here, but of company policy and an employeee's need/wish to continue to work at that company.

The employer can make the rule. If the employee does not want to follow the rule, they can be terminated.

The above statement pertains to LEGAL policies and excludes and form of discrimination or otherwise illegal "rules."

It is employment at will I am talking about and while there are many UNFAIR practices, if they are not illegal, it is a matter of choice.

I wish you the best.

xild
03-14-2005, 08:02 AM
The smoking issue that was in the news recently set a precedent. I no longer think of employers as not being allowed to intrude into my personal life. The trick is to find an employer you feel comfortable working for. I think it's really out of control, but there isn't anything anyone can do.

On the flip side, employers often give health insurance, and now family leave and so many other things they are basically forced to give and these things are personal to the employee...

Sue
03-14-2005, 08:43 AM
Hi Xild.

Yes, you are correct.

Private businesses SHOULD be able to set their own "rules" and we can choose to patronize and work for them ... or not.

Health Care is much more expensive for a smoker than a non smoker, so if employees smoke, everyone in the company pays the price.

While smoking is a private choice, since it does have an effect on all employees, the employer has to make that decision -- same at a restaurant.

I think people need to realize that working at XYZ company is not a right, but a privlege, since they do pay us and offer the benefits, as you mentioned.

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