Legal question....

[Lindsey]

Recently, the company in which I work, passed out a "moonlighting agreement" that states in essence that they strongly discourage anyone working any other jobs in addition to the job we have with this company. If we do, we must "inform them in writing prior to commencing any outside job, and to identify the name of the outside employer, a description of the work I will be performing, and the hours of work." It goes on to state (this is a form we are required to sign) that "I also understand that I require rest and relaxation in order to perform my job competently and safely." Now, my fellow DU'ers, we are not air traffic controller here. I work for a vocational school where the employees are teachers and administrators. WTF!!!!!! Is this legal? Can a company dictate to its employees what they can do on their own time?!?!?!?! I, of course, understand that we shouldn't be working for other schools or in conflict of interest type situations but this is beyond the pale. Does anyone know if its even legal?

[nothingshocksmeanymore]

1. If you're in California, the law restricts when an employer can demand

that you not moonlight. They are within their legal rights to ask you to sign that agreement and most employer advisors tell them to get that in writing. If they demand it of you without cause i.e. direct conflict of interest or a few other exclusions, you could take them to the labor board.

If you are concerned or if you have outside employment, you may want to seek counsel...especially if your moonlight work is in the same field.

[Spinzonner]

2. hard to know without knowing what state you're in

but it also might be pertinent whether you're in an at-will state and whether you're subject to wage and hour laws or are exempt and are covered by union contract.

[Floogeldy]

3. That is a very good question.

Most states are "at-will" employment states, which means that you can be fired for any reason, except for the wrong reason (race, color, sex, religion, age, etc.). In those states, you can quit your job for any reason (except perhaps for breach of a written employment contract).

I don't know your state's laws. There could be something there. I am certainly not aware of any Federal law that prohibits firing someone from moonlighting.

However, in some states, like mine, it is illegal to fire an employee for a reason that is "against public policy." In my opinion, it would not be unreasonable to argue that firing employees for spending their free time working at other jobs is against public policy.

Other issues can arise, i.e., whether or not you might be sharing trade secrets with the 2nd employer.

If this is a serious issue with you, don't sign the agreement. If they fire you for not signing the document . . . well, that would just be strange.

Call employment law attorneys in your area and get some free consultations.

Very curious.

[Lindsey]

4. I'm in California....

I just can't fathom that they can tell me what to do on my own time - I'm actually stunned.

[MercutioATC]

5. I know air traffic controllers who moonlight.

It's not encouraged, but it's not prohibited (except during training).

[bliss_eternal]

6. Lindsey--I would contact an employment paralegal--

usually paralegals work for lower rates than lawyers do, but can offer similar analysis of legal situations.

That just doesn't sound at all appropriate to me. California is an 'at will' state. Meaning they can end your employment at any time, at will--or at their discretion. Same thing on your end, you could also choose to end your employment anytime, at will.

Given this, they could be looking for ways to conveniently dismiss people at will...but that's just a shot in the dark on my end--not being legal counsel or anything. I'm just always suspicious when employers get too nosy about what you do in your own time. I honestly just don't think this is their business--but before you say so, you should have some legal legs to stand on, if you get what I mean.

But I am totally with you on :wtf:

Seriously, please check this out with a lawyer or paralegal--and let us (me) know what they say--I'm very curious if this is appropriate on their end.