Is it legal for my employer for taking a second job?

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Is it legal for my employer for taking a second job?

I work at a privately owned restaurant downtown. When I got hired, I had 2 other jobs – 1 at a bar down town and 1 at a restaurant across town. They had no problem with that. Their only rule was that you have to be available on Saturdays because being downtown that’s the busiest day since tourists come to shop and eat. I was able to pay my bills working at this one restaurant. So I quit my other jobs. However, it slowed down and I had some bills come up so I needed a second job. As a server, it’s hard to find another restaurant that doesn’t want you to work Saturdays. I’ve been applying places and when the owner heard, she wrote me up for

Asked on September 17, 2016 under Employment Labor Law, Georgia

Answers:

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

Answered 5 years ago | Contributor

The fact is that in an "at will" work relationship, a business can impose the conditions of employment much as it sees fit. This includes not allowing workers to take a second job, even if it previously allowed this. Therefore, unless you have an employment contract or union agreement that that allows you to have outside employment, your employer can prohibit you from doing so and can take action against you if you do (suspension, termination, etc.). Your only other recourse would be if this treatment constitutes some form of legally actionable discrimination, however that does not appear to be the case.


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