Can an employer make you disclose a second job? Prevent you from having one?

[Anonymous]

Title says it all.

Is there federal or state law protecting the employee’s right to have an additional job on top of a FT position?

Any protection that doesn’t allow an employer to have a policy requiring disclosure of a second job?

[Anonymous]

My contract has a non-compete clause. I can’t get a second job and can’t get another job within 50 miles if I quit.
If your contract doesn’t prohibit a second job, then I think you can do what you want.

[Anonymous]

In order of your questions: Yes, yes, no, no.

There is no particular law entitling you to have a second job, and yes, employers can set job conditions that do not violate laws, so they can prohibit it or request disclosure as a condition of employment so they can decide if it is a problem for them or not.

In some cases, but certainly not all, it can be wrongful to have a second job, and it certainly can violate express or implied contracts or common law, particularly a "duty of loyalty" to employer or client not to act contrary to the employers best interest. Sometimes a second job does that, sometimes it doesn't. Disclosing the other job allows the employer to decide if it is a problem or not. One can certainly think of situations that would be a problem and others that wouldn't.

Easy examples:

Wrongful: moonlighting for a competitor and selling competing products to a common customer base.

Objectionable: high safety risk day job, moonlighting at a night job that deprives you of sleep, making you a higher risk employee in the day job.

Probably fine for most employers: 9-5 primary job, picking up non-competing retail shifts on the weekend, or tutoring in the evenings, etc. Something not competing with the primary business that also does not diminish your primary job performance.

[Anonymous]

Anonymous wrote:In order of your questions: Yes, yes, no, no.

There is no particular law entitling you to have a second job, and yes, employers can set job conditions that do not violate laws, so they can prohibit it or request disclosure as a condition of employment so they can decide if it is a problem for them or not.

In some cases, but certainly not all, it can be wrongful to have a second job, and it certainly can violate express or implied contracts or common law, particularly a "duty of loyalty" to employer or client not to act contrary to the employers best interest. Sometimes a second job does that, sometimes it doesn't. Disclosing the other job allows the employer to decide if it is a problem or not. One can certainly think of situations that would be a problem and others that wouldn't.

Easy examples:

Wrongful: moonlighting for a competitor and selling competing products to a common customer base.

Objectionable: high safety risk day job, moonlighting at a night job that deprives you of sleep, making you a higher risk employee in the day job.

Probably fine for most employers: 9-5 primary job, picking up non-competing retail shifts on the weekend, or tutoring in the evenings, etc. Something not competing with the primary business that also does not diminish your primary job performance.

All of this plus, you usually have to disclose it and get it approved. Look for the term "outside business" in your offer or contract.

[Anonymous]

You need to review the paperwork from when you hired on. Most companies (at least the ones I've worked for) have a disclosure clause or form. You need to disclose and get approval for additional outside work. This ranges from barring you from working for competitors or revealing company propriety knowledge in an NDA to working in completely non-related work that may detract from your regular work.

I have a secondary job that is entirely unrelated to my day work. For day work, I am a federal contractor working in a federal agency. My second job is similar to being a professional sports referee. I have to disclose this on a form that says that I do this, what are the constraints (e.g. approximately how often I work, whether it conflicts time-wise with my day job, etc). I get the approval and have this in my employee file. Since my second job rarely overlaps with my day job (and I just take PTO days for the 3-4 days a year when it overlaps), and it is completely unrelated, I have no problem getting approval.

Every company I have worked for in the last 10 years has had some type of disclosure process or form for external employment.

[Anonymous]

Where is my my J1 J2 J3 man?

[Anonymous]

My contract just says I cant compete with my company, anything else is fine.

[Anonymous]

Practically speaking: what if your job is a high level position that demands more than the typical 9 to 5? How can it not impact your work if you are doing side work as a consultant or something substantive on contract elsewhere?

While it has nothing to do with competition, it presumably impacts your FT gig in terms of likely limiting yourself to the 9 to 5 so you have time for the side hustle.

Seems logical to have a policy requiring not only disclosure but also approval.

[Anonymous]

Anonymous wrote:Where is my my J1 J2 J3 man?

Probably working J1. He used to post when he was working remote J2, but then J1 found out and made him quit J2. Don't know if they ever found out about J3.

[Anonymous]

I wonder how many people who referee HS games for pay disclose it to their primary employer.

[Anonymous]

I don’t think most corporate non-government contract jobs require this level of disclosure. I signed a noncompete that was narrow to my own industry and is still probably not enforceable unless there’s egregious behavior.

I can’t have a second salaried position - but I can take on hourly work, be self employed in job that doesn’t intersect with my company’s interests at all, etc.

From what some of you have said, even being a landlord would require disclosure.

In general, it would be unreasonable for your employer to deprive you of an ability to make money unless it impacts their business interests. Not having enough time is a performance issue. If you’re an at will employee so they can fire you. If you are a contract employee, you accepted the terms you accepted, but very few employees in the US are contract employees - even at senior levels within corporations.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Where is my my J1 J2 J3 man?

Probably working J1. He used to post when he was working remote J2, but then J1 found out and made him quit J2. Don't know if they ever found out about J3.

I was never caught. My J2 my boss was annoying me constantly setting up last minute meetings then canceling and switching. I also had three staff. I only got a 20k raise for job so not really worth it. I kinda was about to quit it as I completely zoned out of J1 for 7 months and then playing catch up and I was I interviewing at a J3, J4, J5 and a J6. Started dropping the ball at J2 and J2 gave me the “catch up” zoom call with boss and HR popped up. I thought I was busted. But HR just gave me mutual separation agreement with 8 weeks pay. I went back to focusing on J1 a few weeks.

I started J3 while I still had J1 and still getting paid J2 my 8 week severance. I liked the new job so I eventually resigned J1 and they countered. But I quit anyhow after bonus pay out.

I froze my TWN and Hibernated my LinkedIn.
It is totally legal. I was never caught.

Remember, first rule of fight club.

BTW I reported to CEO directly at two of these jobs. And all three jobs I was in charge of a small department.

I knew tons of people doing it. I think I read 80 percent remote workers have a second job.

In 2023 I got a sign on bonus, severance payout and a YE bonus. Three 401k matches for awhile.

[Anonymous]

If you work for a brokerage firm or bank, you have to disclose other employment to your employer and get it approved. Failure to do so is grounds for firing and if you are registered it will show up on your U-5. This is a FINRA (industry regulator) rule. If a firm doesn't ask about and police outside business interests, the firm will get in trouble.

[Anonymous]

Anonymous wrote:If you work for a brokerage firm or bank, you have to disclose other employment to your employer and get it approved. Failure to do so is grounds for firing and if you are registered it will show up on your U-5. This is a FINRA (industry regulator) rule. If a firm doesn't ask about and police outside business interests, the firm will get in trouble.

Blah blah. Only if you are licensed at a BD. I did worry when overemployed I was regulated by NYSDFS at two jobs. Plus Finra and OCC and the BaFin

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Where is my my J1 J2 J3 man?

Probably working J1. He used to post when he was working remote J2, but then J1 found out and made him quit J2. Don't know if they ever found out about J3.

I was never caught. My J2 my boss was annoying me constantly setting up last minute meetings then canceling and switching. I also had three staff. I only got a 20k raise for job so not really worth it. I kinda was about to quit it as I completely zoned out of J1 for 7 months and then playing catch up and I was I interviewing at a J3, J4, J5 and a J6. Started dropping the ball at J2 and J2 gave me the “catch up” zoom call with boss and HR popped up. I thought I was busted. But HR just gave me mutual separation agreement with 8 weeks pay. I went back to focusing on J1 a few weeks.

I started J3 while I still had J1 and still getting paid J2 my 8 week severance. I liked the new job so I eventually resigned J1 and they countered. But I quit anyhow after bonus pay out.

I froze my TWN and Hibernated my LinkedIn.
It is totally legal. I was never caught.

Remember, first rule of fight club.

BTW I reported to CEO directly at two of these jobs. And all three jobs I was in charge of a small department.

I knew tons of people doing it. I think I read 80 percent remote workers have a second job.

In 2023 I got a sign on bonus, severance payout and a YE bonus. Three 401k matches for awhile.

Never talk about fight club. Except endlessly on DCUM