Can your employer prohibit you from getting a second job?

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Can your employer prohibit you from getting a second job?

My boyfriend has a part-time job as a cashier at a grocery store chain and he got a second job to make ends meet. The second job doesn’t conflict with the store’s interests at all. It’s with a snow removal company. He notified his managers but both of them gave him an ultimatum – he would be fired if he took the second job. We feel that the store doesn’t have the right to dictate what my boyfriend or any other employee could do during their off hours. is it even allowed to do this? If so, can we take legal action against them?

Asked on October 31, 2012 under Employment Labor Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country one's employer cannot prevent the employee from getting a second job. The employer per a policy manual could retsrict a second job that conflicts with the primary job where the employee could be terminated in case of a conflict.

I suggest that your boyfriend send a note (keeping a copy) to his employer stating he is taking a second job and if he is terminated he will make a complaint with the local department of labor about the matter.


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