Is it legal for an employer to ask if you work a second job?

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Is it legal for an employer to ask if you work a second job?

I have been with the agency for over 25 years. They are now requesting to know if you work a second job, what days of the week you work there, and what hours do you work on this job. Is this an invasion of my privacy as my second job has never in 15 years hampered my main job.

Asked on September 15, 2011 under Employment Labor Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

In an "at will" employment arrangement, an employer can hire/fire, promote/demote, increase/decrease salary/hours and impose most any other terms or conditions that it sees fit; this includes inquiring about other employment. For their part, an employee can continue to work for an employer or not (or choose not whether or not to answer an employer's question regarding a second job). However, an employer can discharge an employee for this reason or no reason at all (with or without notice).

This all holds true unless, this action violates existing company policy, an employment contract, or union agreement. Also, no form of actionable discrimination must be a factor.


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