What to do if I have been terminated by my new employer for having a second job?

I have been terminated by my new employer for having a second job. I have an offer letter guaranteeing 6 months of compensation if my employment has ended either by resignation or termination. Can I be terminated and is the agreement valid?

Asked on June 6, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Can you be terminated for having a second job--yes, unless you actually had an employment contract which prohibited that, such as by providing that you could only be terminated "for cause" or for certain other defined reasons.

2) The offer letter should be enforceable if it was given to you prior to you taking the employment; in that case, it should constitute a contract. In that event, it is enforceable, like any other contract, as per its plain terms. That means, for example, that if you are guaranteed 6 months compensation even if terminated, and it does not provide any exception to that which would apply in this specific case, you would seem to be owed the compensation. However, since contracts of all types depend on their specific language, you should bring the letter to an employment law attorney to review with you.


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