Many people take on second jobs to help pay bills or save extra money, but they worry about what their main employer might think. The truth is, you can be fired for having a second job in many situations, especially in an at-will state or when the extra work affects your main role. There are some exceptions—like if a company policy prohibits it, or if working two jobs creates a conflict of interest—but these rules depend on where you live and work. You can read more about different situations when employees can be fired for a second job at this legal advice guide and see real stories from workers on this Reddit discussion.
It’s smart for job seekers to understand both the risks and their rights before adding a side hustle. Knowing your employer’s policies, any agreements you’ve signed, and local laws can protect you from trouble. A strong resume and cover letter will also help if you’re looking for a new job or want to navigate job changes—coverletter.robo-apply.com offers a free tool to create a professional cover letter to help with this process.
Key Takeaways
- Most employers can fire workers for having a second job if it breaks policy or causes conflicts.
- Understand your rights and employment terms before starting another job.
- Use tools like RoboApply to manage job applications and boost your career search.
Understanding Employment Rights and Second Jobs
Working a second job or taking a part-time job while holding another position is common, but there are key factors employees should know to avoid problems. Job seekers should pay attention to employment contracts, company rules, and legal guidelines that can impact their decision.
Employment Contracts and Company Handbooks
Many employers have clear policies on outside employment written into employment contracts or covered in the company handbook. These documents often set out if and when an employee is allowed to take another job. Some companies require written permission or have rules against outside work, especially if it could affect job performance.
If an employee signs a contract that bans working a second job, the employer can enforce these rules and possibly fire the employee for breaking them. It is important for anyone considering a second job to read their employment agreement and handbook before accepting new work.
A helpful checklist for employees considering a second job:
- Check the employment contract for any restrictions on outside work.
- Review the company handbook for written policies or steps that must be followed.
- Ask Human Resources or an employment lawyer if anything is unclear.
If job seekers want to apply for multiple jobs and keep resumes updated across different job boards, RoboApply can help them optimize your resume for every position and make the process simpler.
Example: Email Template to Request Approval for a Second Job
Subject: Request for Approval to Take a Second Job
Dear [Manager’s Name],
I am writing to ask for permission to accept a part-time job outside my current role at [Company]. The new position will be during evenings and weekends, and I will ensure there is no conflict with my work hours or responsibilities here. Please let me know if there are any questions or if a meeting is needed to discuss this further.
Thank you,
[Your Name]
Conflict of Interest and Ethical Considerations
Most employers do not want employees to take jobs with competitors or jobs that could put company secrets at risk. This is known as a conflict of interest. If a second job could hurt the business, employees risk getting fired for violating company rules or even their contract.
Some companies include ethical guidelines that say employees cannot take outside work where inside knowledge could be used for another business. Employees should be sure the new job does not put them in a situation where honesty and loyalty to their main employer is questioned.
Key conflict of interest situations include:
- Working for a direct competitor or vendor.
- Using work time to do tasks for the other job.
- Sharing information or resources between jobs.
If there are ethics questions or unclear conflicts, an employment lawyer can give detailed advice. This can prevent mistakes that might lead to job loss or even legal action.
For those applying for new roles, creating a strong application is important. RoboApply lets users create a professional cover letter to match each role, highlighting skills while staying truthful about current or past work.
Example: Conflict of Interest Disclosure Letter
Subject: Conflict of Interest Disclosure
Dear [Manager’s Name],
I wish to let you know that I am planning to accept a part-time role with [Second Employer]. This employer does not compete with [Your Company], and all work will be outside of my scheduled hours. If you need more details or further assurances, I am happy to provide them.
Best regards,
[Your Name]
Relevant Employment Laws and Regulations
Employment laws affecting second jobs often fall under at-will employment rules. In most states, an employer can choose to let an employee go for any reason that is not illegal discrimination, even if it is for having a second job. However, it is not illegal in general to work two jobs at the same time unless an agreement forbids it or there is a specific law against it. More details on the legal side can be found at Barrett & Farahany on at-will and second jobs.
Some industries, such as government, finance, or healthcare, have strict rules or licensing requirements about working elsewhere. Privacy, confidentiality, and consumer protection law might also impact what kind of second job is allowed.
Key points:
- In most cases, it is legal to hold multiple jobs.
- Contracts or handbooks may limit what is allowed.
- Special rules apply in some careers or when handling sensitive information.
If there are worries about the law or how a job change might lead to firing, it is wise to speak with an attorney trained in employment law and business law.
Job seekers can also auto-apply to jobs across platforms with RoboApply, making it faster to find legal and safe job options that fit their skills and needs.
Consequences of Having a Second Job
Working two jobs can give extra income, but it can also bring risks like termination, conflicts with company rules, and performance problems. Employees need to stay informed, keep careful records, and know how to protect their rights if trouble arises.
Getting Fired: Causes and Processes
Most employees in the U.S. work “at-will,” which means they can be fired at any time for almost any reason—including holding a second job. If an employee’s contract or company handbook has a policy against having another job, breaking it can lead straight to termination. This is especially true if the second job is with a competitor or creates conflicts of interest.
Common causes for getting fired when working two jobs include:
- Violating the company’s moonlighting policy
- Using company property or time for another job
- Compromising company secrets
- Not disclosing outside work when asked
The process usually starts with a warning or investigation by human resources. The employer may review work hours, review email logs, or even consult a fraud examiner. In some cases, employees are let go without warning.
Example:
Mark had a full-time job as a project manager but also worked nights as a freelancer. His main employer found out when a client mentioned Mark’s other job. HR started reviewing his time sheets and emails, finding he worked on freelance projects during company hours. Mark received a written warning first. After he failed to separate his work hours, his employer let him go for a contract breach.
Anyone considering a second job should read all company policies, including the fine print about outside employment.
Protecting Your Rights and Seeking Legal Help
If someone is terminated for working two jobs, several factors decide if the firing was legal. Some states and contracts protect employees from retaliation, while others allow broad control by employers. Employees can sometimes claim wrongful termination if their firing was actually due to discrimination or, in rare cases, for lawful off-duty activities.
Steps to protect your rights include:
- Carefully document work hours and tasks for both jobs.
- Save any employment contracts and written communications with human resources.
- Consult with an employment lawyer or attorney—especially if unsure about the legality of the termination or if it feels like retaliation.
A fraud examiner can also help with complex cases involving claims of stealing company time or resources. If the second job did not break any rules and was done outside work hours, there may be a stronger case for compensation or a job search with references intact.
When looking for work after termination, using tools like RoboApply to optimize your resume and auto-apply to jobs across platforms can help employees move forward faster.
Example Email to Attorney:
Subject: Request for Legal Advice – Termination Due to Second Job
Dear [Attorney’s Name],
I am seeking advice regarding my recent termination from [Company Name]. My employer claims I was fired for having a second job.
- I was not aware of any policy explicitly prohibiting outside work.
- My work hours for both jobs did not overlap, and I did not use company time or resources for my second job.
Could you please review my contract and discuss possible next steps, including claims for wrongful termination or retaliation?
Thank you,
[Your Name]
Scheduling, Performance, and Company Time
Juggling two jobs often causes stress, mistakes, or lower performance in one or both positions. Working two jobs may stretch schedules thin, leading to lateness, missed deadlines, or errors on the job. This is a major reason many employers include second job policies in their employee handbooks.
Common scheduling problems include:
- Overlapping shifts: Employees may have to choose which job to prioritize.
- Losing sleep: Less rest can lead to poor performance and health problems.
- Availability: Missing mandatory meetings, calls, or work events.
Employers watch for drop-offs in job performance and tardiness as warning signs employees might be moonlighting. Some use time tracking or productivity monitoring software.
If someone is determined to balance two jobs, they should:
- Set clear boundaries on work hours for each employer
- Use scheduling tools or apps to avoid overlap
- Communicate availability honestly with both jobs
Example of a Work Schedule Table
| Day | Job 1 Hours | Job 2 Hours | Break Hours |
|---|---|---|---|
| Monday | 9AM-5PM | 6PM-10PM | 1PM-2PM |
| Tuesday | 9AM-5PM | 6PM-10PM | 1PM-2PM |
| Wednesday | 9AM-5PM | 6PM-10PM | 1PM-2PM |
| Thursday | 9AM-5PM | 6PM-10PM | 1PM-2PM |
| Friday | 9AM-5PM | 6PM-10PM | 1PM-2PM |
| Saturday | — | 10AM-6PM | 1PM-2PM |
| Sunday | — | 10AM-6PM | 1PM-2PM |
Tracking time and performance can help prevent scheduling slip-ups that might cost someone their main job. For more help building an effective job search, readers can build your resume with RoboApply or create a professional cover letter.
Frequently Asked Questions
Most employers can set rules about taking on a second job, especially in at-will states. Employees may face issues with disclosure, unemployment, and conflicts of interest if they work multiple jobs, so understanding company policies is important.
Is it legal for an employer to terminate you for taking on additional employment?
In most states, employers can fire someone for working a second job, especially if the job violates company policies or causes a conflict of interest. This is because many states follow at-will employment laws, which allow employers to end employment for almost any reason, with a few exceptions.
Some companies also include rules about outside work in employment contracts or handbooks. Employees should review these documents to avoid violating any agreements. For more details, see this explanation of termination for having a second job.
What are the legal implications of not disclosing a secondary employment to your primary employer?
Not telling your main employer about a second job may lead to termination if the employer finds out, especially if the company has a strict policy against outside work. Employees who hide second jobs while working in a role that forbids it risk losing both positions.
If an employment contract requires disclosure, failing to do so may be considered a breach of contract. Always check the company’s conflict of interest and disclosure policies.
How does having multiple W2 jobs simultaneously affect your employment status?
Holding more than one W2 job means each employer is responsible for reporting your wages to the IRS. As long as both jobs do not interfere with each other or break any company rules, employees can legally work both positions.
However, working long hours or overlapping shifts can lead to burnout or job performance issues. If workplace policies or employment contracts forbid double employment, you may risk being fired. Find out more about working multiple jobs and its legal aspects.
Are there any circumstances under which unemployment benefits can be collected if terminated from one of multiple jobs?
You may be able to collect partial unemployment if you lose one of your jobs, but it depends on state laws and your remaining income. In many states, if your hours are reduced or you are let go from one job while keeping the other, you might receive prorated benefits.
To qualify, you must meet your state’s unemployment requirements and report all income from your other job. Each state has its own guidelines.
Can working two jobs within the same industry be grounds for termination due to conflict of interest?
Yes, working two jobs in the same industry can be grounds for termination if there’s a conflict of interest. Many employers worry about the risk of sharing confidential information, losing clients to a competitor, or using one employer’s time and resources for another job.
Check your employment agreement for any non-compete or conflict of interest clauses. Conflicts may arise even if the jobs are only distantly related.
What are the repercussions of operating a side hustle while employed full-time?
Running a side hustle while working full-time can be risky if it affects your performance at your main job or uses company resources. Your employer may take disciplinary action if your side job competes with their business or violates company policies.
If you are considering a side hustle, review your employment contract and company policies. Being up front about your plans can help avoid problems later on. Learn more about your options to auto-apply to jobs across platforms to find the best fit for your schedule and needs.
