Can I be fired for getting a second job?
Asked by: Eloisa Kuhic | Last update: July 4, 2025Score: 4.9/5 (49 votes)
Some employers may include clauses in their contracts that prohibit employees from taking on additional work without prior approval. In this case, if you violate your contract by taking on a second job, your employer may have grounds to terminate your employment.
Can your employer fire you for having a second job?
Unless you have a job contract that prohibits you from taking on a second job, you can't be prevented from taking a second job. That doesn't mean your employer cant terminate you for moonlighting or having a side hustle. Here's an article that helps somewhat: The Legal implications of Working Two Jobs.
What happens if you get caught working two jobs?
Not only is it unethical, but if you are hourly and not salary, it's illegal. You could be sued in civil court. You could be charged with violating federal law (Fair Labor and Wages Act). Depending on your state, you could be charged with forgery and larceny.
Can I be fired for moonlighting?
Employees generally enjoy a right of privacy regarding off-duty conduct and California Labor Code Section 96 and Section 98.6 expressly prohibit employers from punishing employees for lawful conduct outside of work hours, including exercising free speech rights, political activity, and moonlighting.
Will other jobs know if you got fired?
The simple answer is: no. Employers can't see that you've been fired (as opposed to quit or laid off) just by checking your LinkedIn or resume. However, they'll probably find out anyway. Most employers will ask you for a few references, including ...
EMPLOYEE FIRED AND SUED FOR WORKING 2 JOBS - NOW MUST PAY €33,280
Can I say I quit if I was fired?
Hiring managers ask a number of questions during the recruitment and hiring process. Often, hiring managers want to know about your reasons for leaving a past position when screening applicants. If you were fired from that job, it's best to prepare in advance to answer as positively as possible.
Do I have to tell my new employer I was dismissed?
In most cases, unless you're directly asked, it's not a requirement to discuss being terminated on a job application . The reason for this is that it isn't the focus of the application. At this point, you may want to highlight why you can be a valuable candidate to move to the next stage.
Do you have to tell your employer if you get a second job?
Legally, no requirement mandates an employee to reveal their secondary job to their primary employer. The reason you would have to is if you signed an employment clause that mentioned it. Being transparent can help avoid potential conflicts of interest or work-overlap issues that might arise.
Can you be fired for having a side business?
The answer is a resounding “NO” in California, where laws support the unrestrained practice of one's trade or profession (Business and Professions Code Section § 16600) and protect an employee's right to engage in lawful conduct outside of work (California Labor Code Section § 96(k)).
Can my employer find out if I am moonlighting?
To determine if an employee works two jobs, you can look for signs such as decreased productivity, frequent absences, or suspicious behavior. Additionally, implementing monitoring software and conducting discreet inquiries can help uncover whether an employee is moonlighting.
Can I lose my clearance for having two jobs?
Working multiple cleared jobs doesn't necessarily violate any security clearance policies. The issue would be if you didn't disclose a second job on your SF-86, one employer found out about it, and then reported you for a personal conduct violation.
Is it unhealthy to work 2 jobs?
The stress and physical demands of working a second job can have serious health consequences. Chronic stress is linked to various health problems, including heart disease, depression, and sleep disorders. Neglecting self-care and a healthy lifestyle due to time constraints can exacerbate these risks.
What are working two jobs called?
“Double-dipping” (sometimes called “overemployment”) refers to employees working multiple jobs, often full time. In many circumstances, the multiple employers are unaware of one another.
Is moonlighting against the law?
Moonlighting is generally legal but can be subject to certain restrictions or contractual agreements. Moonlighting, or working a second job in addition to your primary employment, is a topic that often sparks questions regarding its legality. Let's explore the complexities and considerations surrounding this practice.
Can I get hired again if I was fired?
If you were let go because you weren't deemed to be fitting in within the larger culture of the company, you may be able to get your job back by showing how you have made improvements or that you now have a better understanding of how to be a part of the team.
Can you have two W2 jobs at the same time?
“There aren't special tax rules for taxpayers who hold multiple jobs at the same time,” Steber says, adding that if you work for two different employers, you'll receive two W-2 tax forms.
Can I get fired for having a second job?
Employers often have the ability to restrict employees from working a second job or starting a side business. There's a good chance your employer can legally fire you for working a second job or even an occasional side hustle.
Is it illegal to start a business while employed?
In many cases, yes. Generally, as long as starting your own business wouldn't conflict with your current job contract, you can start your company during non-business hours.
Is having a second job a conflict of interest?
While the federal law doesn't prohibit moonlighting, there is a law regarding conflict of interest. This issue is especially relevant if both companies are in the same industry. Working for direct competitors likely violates the employment contract you signed when you started your primary job.
Can you be fired for a conflict of interest?
Depending on the conflict's severity, the company can give the employee a warning or fire them. The company can use an Employee Warning Letter or Employment Termination Letter to do so. The company can also decide no disciplinary action is necessary and the situation only requires internal adjustments.
Do I have to report my second job?
It's important to remember that the IRS requires taxes to be paid on income earned from any source, including income from a second job or part-time work.
What is a moonlighting clause?
Interference with primary job. The main purpose of most moonlighting policies is to set out your expectation that employees will treat their work at your business as their primary job and will not allow other jobs to interfere with the performance of the primary job.
Can future employers see if I was fired?
The Hard Truth: Yep, It Goes on Your Record
Most companies will at least note the fact that you were terminated, even if they're light on specifics. Oftentimes, when a new employer checks your references, all they can check is your dates of employment and whether of not you're “eligible for rehire”.
Do you get paid if you are dismissed?
Generally, upon resignation or dismissal, an employee is entitled to be paid the notice pay where applicable, salary up to last day worked, plus any outstanding leave pay.
Should you resign before being dismissed?
In some circumstances, particularly if you are aware that you have committed some serious misconduct and it is likely your employment will terminate, there may be advantages to resigning before there is a dismissal on your record. However, resignation should be considered as the very last resort.