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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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