Can my employer restrict me from working a second job on my days off?

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Can my employer restrict me from working a second job on my days off?

My employer wants me to sign paperwork that states among other things “…I understand that in order to engage in outside employment I must receive approval from my supervisor in advance of performing such employment and that the approval may be withdrawn at any time.” Assuming there are no conflicts of interest conflicts of hours work is performed on my days off etc. can they legally require me to ask permission and potentially require me to quit another job?

Asked on January 30, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, they may legally do this. Remember: an employer does not have to employ you (or anyone); they voluntarily choose to hire people. Therefore, since it is voluntary on the employer's part to hire and employ you, they can put restrictions on your employment--such as that you need approval to work another job. If you are not willing to work under their terms and conditions, they can terminate your employment, the same as they could terminate you if you were not willing  to abide by a dress code, or weren't willing to work the shift they wanted you to work, or refused to carry a cell phone if they wanted to be able to contact you at any time, etc.


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