Have you ever been moonlighted? The answer is yes if you work a second job, even if it doesn’t technically fall under the category of night There are many employees who work second or third jobs to help make ends meet or explore other career paths. A side business in which you provide freelance services or consulting may qualify as moonlighting, regardless of whether you are employed by another company or not.
American capitalism seems to be based on working hard to earn as much money as possible. However, you might be fired by your employer if you have another job or even work a side business occasionally. Read on to learn more.
Having an At-Will Employment Policy
You are most certainly an at-will employee until you have an employment agreement that limits your employer’s authority to remove you. An at-will worker can be terminated at any moment for any justification, as long as it’s not illegal. Your employer cannot fire you due to your ethnicity or in retribution for, say, revealing terrible working conditions.
Several states have enacted laws that prohibit employers from retaliating towards employees for authorized off-duty behavior. The language of these statutes, as well as the safeguards they provide, differ from one state to the next. Some only pertain to the use of legal products by employees, such as tobacco.
Some are more general and apply to any legal activity. Off-duty conduct legislation may restrict your employer’s ability to terminate you for moonlighting, depending on the circumstances, until it contradicts with or impacts your job. There are however no statewide laws covering off-duty behavior in many states. Working a second job might get you fired in one of these states.
How do Employers feel About Moonlighting?
Most employers don’t fire employees at random. Getting rid of employees who are doing good work makes no sense, and hiring and training replacements are costly. How can an employer find a reason to fire you for moonlighting?? Generally, employers are concerned about moonlighting in the following ways:
- A Potential Conflict of Interest:
Your employer may not be happy if you hold another job in the same field or if you compete with them in the market. A company might think you’re taking away customers from the company and using your job to build a client list if you work for a test preparation company by day and run your own side business by night providing individual test coaching.
- The Performance and Productivity of an Organization
A person who is working 60 or 70 hours a week will lack the energy and focus needed for the job because there are only so many hours in the day. It is possible that your second job is affecting your primary job if you are tired, late, or unprepared to work.
- Utilization of Company Resources
You won’t want your employer to find out you are working a second job or spending work time on another project with the company’s equipment, phone, or car.
- Company Policies Related to Moon Lighting
Several organizations have policies against moonlighting as a result of these factors. For example, a corporation can outright moonlight. Alternatively, a corporation may ask employees to report any outside employment to their manager or human resources so that the company can determine whether the second job is permitted.
Some businesses take a more approach in order, restricting just outside work that creates a potential conflict of interest or rivals with the business.
After you enter a non-compete agreement with your company, you may be restricted from moonlighting, especially for competitive companies. Non-compete agreements are illegal in a few states, including California. In most states, though, a court will hold you to the provisions of a reasonable non-compete agreement, which typically includes a pledge not to start or work for a competitor.
What to do if You Get Fired for Moonlighting?
If you feel you were terminated wrongfully for holding a second job, you should speak with an employment lawyer at Siman Law Firm in Los Angeles. But you should also remember that you probably don’t have a valid claim if your second employment conflicts with your main one or presents a conflict of interest.
Nevertheless, you may be able to file a lawsuit, particularly if your state has an off-duty conduct statute or if you were handled unequally than other employees. You might have a gender discrimination claim if, for example, males were habitually permitted to work multiple jobs but women were dismissed for doing so. An attorney can assist you in sorting through the facts and determining your legal choices.