Does your employer have a "no moonlighting" policy?

[tcsenter]

I've worked at a couple places which prohibited moonlighting at similar (read: competing) companies in the same field, or if it threatened to interfere with your duties and obligations to them. Otherwise, moonlighting was permitted, but you had to give the employer notice in advance.

 

[Electric Amish]

It's allowed here.

 

[tcsenter]

Not legal simply because they can't have any say in what you do on YOUR time. It's YOUR time. There are certain stipulations that come to mind (e.g. school teachers getting caught at nudie bars), but in general, your time is your time. No employer can dictate what you do with it. If you are doing your job to your employer's satisfaction, they should do nothing.

What planet is this?

Its a condition of your employment which you AGREE TO before accepting employment. Just like employees who sign those 'no tobacco' clauses in their employment agreements and get fired because they were caught smoking on their day off. If you agree to it as a condition of your employment, its legal and enforceable. If you don't agree to their policies, then they don't have to hire you.

Capice?

 

[Ornery]

"He is the father of two, and his wife stays home and raises the kids."

Wow, what a rare bird these days! Imagine, parents raising their own kids instead of daycare or grandma & grandpa doing it. What a concept! :Q

If I were his employer, I'd bend over backward to help his family out, but this may have something to do with the health coverage or something. Your employer foots most of the bill for his insurance, and the other company gains a good part time worker because of that. Your part time coworker doesn't have health coverage does she? I'm just guessing, but this may have something to do with it.

 

[vi edit]

If I were his employer, I'd bend over backward to help his family out, but this may have something to do with the health coverage or something. Your employer foots most of the bill for his insurance, and the other company gains a good part time worker because of that. Your part time coworker doesn't have health coverage does she? I'm just guessing, but this may have something to do with it.

I don't know for certain. I think she just uses her husbands health insurance because he has better coverage than what we do. His employer has 10k employees vs. our 900.

 

[burnedout]

Is it fair that an employer can rule what you do outside of a job? If you put in your 40 hours there like everyone else, and get your work done, is it really that big of a deal?

Such a policy isn't fair.

However, my employer has this same policy for my position and a couple of others within the company. We are on salary, receive additional "incentives" (quite good) and are expected to respond during off-hours in the event various emergencies may occur. In short, while the policy may not be fair, the additional incentives balance the unfairness factor.

 

[vi edit]

However, my employer has this same policy for my position and a couple of others within the company. We are on salary, receive additional "incentives" (quite good) and are expected to respond during off-hours in the event various emergencies may occur. In short, while the policy may not be fair, the additional incentives balance the unfairness factor.

I agree. At the time I was first hired, I traveled *maybe* two or three times a month out of state. Now, it's about two or three times a week. As I said in an earlier post, there is no way in good faith that I could maintain a second position somewhere else without having INCREDIBLY flexible scheduling.

My friend on the other hand, is not in the same position as I am and has a very rigid schedule that doesn't waver.

 

[Jzero]

Originally posted by: tcsenter

Not legal simply because they can't have any say in what you do on YOUR time. It's YOUR time. There are certain stipulations that come to mind (e.g. school teachers getting caught at nudie bars), but in general, your time is your time. No employer can dictate what you do with it. If you are doing your job to your employer's satisfaction, they should do nothing.

What planet is this?

Its a condition of your employment which you AGREE TO before accepting employment. Just like employees who sign those 'no tobacco' clauses in their employment agreements and get fired because they were caught smoking on their day off. If you agree to it as a condition of your employment, its legal and enforceable. If you don't agree to their policies, then they don't have to hire you.

Capice?

My company has a similar smoking policy, and I've spoken to a couple of lawyers, including the company's lawyer, all of whom admitted that if this policy was ever invoked to sack someone who smoked off-hours and it was challenged in court, it would most likely not hold water and they would end up revising or striking the policy, along with having to reinstate or pay damages to the ex-employee.

Of course, they would never state this as the reason the employee was axed, so it's highly unlikely that anyone would ever challenge the policy.

Not everything you sign agreement to is legal or enforceable. That's why contracts almost always have a clause declaring that if any part of the contract is nullified, the rest of the contract remains effective.

Additionally, legality of these kinds of policies is probably different in different states.

 

[Ness]

Originally posted by: tcsenter

Not legal simply because they can't have any say in what you do on YOUR time. It's YOUR time. There are certain stipulations that come to mind (e.g. school teachers getting caught at nudie bars), but in general, your time is your time. No employer can dictate what you do with it. If you are doing your job to your employer's satisfaction, they should do nothing.

What planet is this?

Its a condition of your employment which you AGREE TO before accepting employment. Just like employees who sign those 'no tobacco' clauses in their employment agreements and get fired because they were caught smoking on their day off. If you agree to it as a condition of your employment, its legal and enforceable. If you don't agree to their policies, then they don't have to hire you.

Capice?

But this is assuming there is a specific no moonlighting policy that was agreed to. We haven't heard if there is or isn't, just that the boss said it's not allowed... which although that seems pretty clear, doesn't say if that was an agreed upon term when they were hired.

 

[StageLeft]

If your job doesn't require travel flexibility or anything else preventing you from working I see no reason not to.

 

[Thegonagle]

Totally, ridiculously unfair in my book. Sorry, no company owns my off-hours. Never.

 

[m2kewl]

my company has a no policy. i have second "consulting" job - they can't stop me from using my noncompany time!

 

[FoBoT]

if you are hourly, i can't see how they can do that

if you are salary, i don't know about the legal part, but i can at least see how they might think they could do that, but it is probably illegal. how can they tell you what you can/can't do on your own time?


DOL link , if you read through some of this, many of the answers to the FAQ's contain the phrase " a matter of agreement between an employer and an employee " , so i think this probably falls into that, they should disclose to you a "no moonlighting" policy when they hire you, so that it become a "matter of agreement"