Is it illegal to look for another job while employed?
Asked by: Mrs. Hettie Upton | Last update: June 18, 2025Score: 4.6/5 (13 votes)
While it isn't expressly prohibited by law, we wouldn't recommend it. You might be surprised by how many of your employees are looking for other opportunities—either actively or passively—while still doing good work for your organization.
Are you allowed to look for another job while employed?
Absolutely! It's totally fine to look for a job while you're already employed. Here are some more tips on how to conduct a job search while employed in a fun and informal tone: First and foremost, don't let anyone tell you that you can't look for a new job while still working at your current one.
Can an employer punish you for looking for another job?
You are always free to look for another job. However, there is no special legal protection that arises when doing so. The default rule is that employment is ``at will'' absent an agreement to the contrary.
Do you have to tell your employer if you get a second job?
Sometimes there is a clause about having a second job, and whether they need to know or not. There's no law that says you have to tell them, but if you signed a contract that says you should tell them, or are not allowed to work for anyone else, you could be in breach of contract if they found out.
Can a job fire you for having a second job?
A few states (including California) don't allow noncompete contracts. In most states, however, a court will hold you to the terms of a reasonable noncompete, including a promise not to start or work for a competing company.
Tips for job searching while employed
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.
Is it OK to quit a job to look for another?
Ultimately, there is no definite yes or no answer to this question. Though it is usually better to find a new job first, in some cases, it could be better for you to quit. Each situation is personal and complex. You will want to make the choice that will most likely give you the best outcome.
Is it illegal to not tell your employer you have another job?
In most cases, you don't have any obligation to tell anyone at your current job that you're taking a second job opportunity.
What to do if your boss finds out you are looking for another job?
It's important to be honest if your boss confronts you about your job search. Explain your reasons for looking for a new job, whether it's because you're looking for more challenges, better opportunities, or a change of scenery. Be clear and concise about what your goals are and what you are hoping to achieve.
What are the illegal things an employer can do?
An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Can you go to jail for lying about a job?
Depending on what you lied about, you could face criminal charges. But, the likelihood of getting charged with a crime for lying on a resume or job application is slim in most instances. But, certain circumstances could lead to criminal responsibility.
Can your employer force you to do a different job?
The California Fair Employment and Housing Act (FEHA) makes it illegal for any employer to discriminate against a protected class of employees or job applicants.
Is it illegal to be fired for looking for another job?
Say you've started looking for a new job. Is it legal for your employer to fire you for doing so? Here's the problem, most states, including California, have at-will employment terms. Your employer can end your position at any time without a reason.
Can you accept a job offer while employed?
Yes. Technically, anyone can turn down a job offer, back out of a job already started, or renege on an acceptance at any point. Most states operate with what is called “at will employment.” This means the employee and the employer are not in a binding contract.
Can an employer tell you to find another job?
Can an employer legally tell an employee that they should find another job if they are unhappy with their pay? Of course. That is precisely the same as telling an employee that they're not going to get a raise.
Do I have to tell my boss if I 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 my employer change my job without telling me?
Whether or not a job description changed after hire, no one can force another to stay in a job they don't want. But practically speaking, as a general rule, if there is no specific employment contract or collective bargaining agreement, employers are free to change job duties at their discretion.
Can a job tell another job while you were fired?
In many cases, employers aren't legally prohibited from telling another employer that you were terminated, laid off, or let go. They can even share the reasons that you lost your job.
Should I quit before getting fired?
Theoretically, it's better if you resign because it shows that the decision was yours and not your company's. However, if you leave voluntarily, you may not be entitled to the type of unemployment compensation you could receive if you were fired or laid off.
Should I resign on a Friday or Monday?
The best time to resign is at the end of the day, and on a Monday or Tuesday. The end of the day timing is for your benefit. Resigning at 5:00 p.m. allows you to have your resignation meeting, and then allow you to distance yourself from the potential discomfort by leaving the office.
Is it bad to quit a job after getting hired?
Many people feel like they can't leave a job immediately after accepting the role, but there are valid reasons to resign sooner rather than later. The decision ultimately hinges on why you want to leave. “If it's truly a much better opportunity for your long-term career growth, that is a good reason,” Glynn said.
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.
What is the Labor Code 96k?
Labor Code section 96(k)
Provides the Labor Commissioner with authority to be assigned claims for loss of wages that arise from retaliation for lawful conduct occurring during nonworking hours and away from the employer's premises.
What is an example of a conflict of interest outside employment?
An employee who is working for one company while talking to a vendor about coming to work for their company at a future date. A person buys company stock based on insider information they've received. An individual signs a non-compete agreement before starting their job at a company.