Can my employer prevent me from taking a part-time job?

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Can my employer prevent me from taking a part-time job?

I work for a non-profit agency that provides limited services (housecleaning and personal care) to elderly clients. My employer stated that I cannot contract independently to sit with elderly patients, even if they are not clients of the agency. Is this legal?

Asked on September 23, 2011 under Employment Labor Law, Kentucky

Answers:

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

Answered 11 years ago | Contributor

Yes, you can be prevented from accepting outside an outside job, at least insofar as it having consequences on your current job. Unless you have an employment contract, union agreement or this mandate violates its own policy, your employer can prohibit you from taking outside employment. In an at will employment setting an employer can pretty much set any term or condition of the workplace as it sees fit. From an employee's perspective, they can choose to continue to work for their employer or not.

Note: The fact is that an employee can be discharged for any reason or no reason at all, with or without notice.


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