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

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[quote=Anonymous][quote=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.[/quote]

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. [/quote]

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