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OUTSIDE EMPLOYMENT Maryland

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  • OUTSIDE EMPLOYMENT Maryland

    We have employees that have second jobs and some of them occasionally use their leave to work here and there - mostly those that have a side business may take a day or two of vacation to finish a job etc. TPTB are trying to now say that employees are not allowed to do this on their vacation or lunch hours. Is this legal? Are we able to tell employees what they can or cannot do on their own time? If not is there somewhere that you can point me to that shows that we can't?

  • #2
    No... because you can.

    It is always the opt of the employer, not the employee, when an employee can take vacation time. It's quite legal for an employer to say, "No, you're not," when an employee says, "I'm taking a vacation day tomorrow, okay?" There isn't any law prohibiting an employer from saying, No moonlighting or second jobs.

    Now, that's not to say that I approve of employers keeping that tight a leash on their employers. When I was working two jobs, my employers actively cooperated in arranging my hours so that I could do both. That's unusual, I will be the first to admit. Most employers won't go that far, though most again will recognize the reality that some employees need two jobs to get by. However, I can't show you a law that says your employer can't do that - because, in fact, he can.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      The bottom line is Employment At Will. This is a 1,000+ year old legal concept with case law going back to William the Conqueror that says either side can end the employment relationship without recourse. You are free to take vacation whenever you feel like it. Your employer is free to fire you for doing so.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I totally understand that they can tell you that you cannot take a vacation. But once they approve that vacation, can they tell you what you can do on that vacation? For instance we have many farmers that work for us....if they take a day of vacation, it is approved and they get their hay cut or baled or whatever they do with it - that is considered "other work" can they be told they can't do that? If they take a vacation and they have another side business such as grass cutting and they do those jobs on approved vacation days can the employer say that is not allowed?

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        • #5
          It isn't really a matter of the employer telling the employee what they can and can't do on their day off/vacation. It is more a matter that an employer can pretty much fire them for any reason or no reason at all. And the employer can have a no moonlighting policy.

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          • #6
            There are no federal vacation rules.

            Maybe 34 states have vacation rule, but none of those states have the sort of rules you are talking about. CA comes closes,as in not very close, in that the employee must be allowed to take the vacation sometime during the year or else the employer must buy off the vacation. Nothing in CA or anywhere else that the employer cannot change their mind about a previously approved vacation.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              If they take a vacation and they have another side business such as grass cutting and they do those jobs on approved vacation days can the employer say that is not allowed?

              Yes, he can. Because there isn't any law that says he can't.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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