Can my part-time employer fire me for having a second part-time job?

I work in a restaurant part-time, 2 days a week. The schedule has been fixed for years, and I am usually available to cover for other people shifts when they need. There is no contract, the job is paid hourly. Recently I took on another part time job in a different restaurant in some of days that I am not working in the first place 3 days to be specific. My schedule at the second part-time job did not affect my first schedule at all because the days are different. Somehow my first boss found out and he is telling me that I can’t do it, either I work in one or the other place. Is it true? Can he fire me for having another part-time job in some of my days off?

Asked on March 15, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In an "at will" work relationship, an employer can set the conditions of the workplace much as it sees fit. This includes prohibiting outside employment, even if the second job does not interfere with the first. The only exception here would be if this restriction in some way constitutes some form of legally actionable discrimination (which it doesn not appear to) or if it violates the terms of a union agreement or employment contract.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In an "at will" work relationship, an employer can set the conditions of the workplace much as it sees fit. This includes prohibiting outside employment, even if the second job does not interfere with the first. The only exception here would be if this restriction in some way constitutes some form of legally actionable discrimination (which it doesn not appear to) or if it violates the terms of a union agreement or employment contract.


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