But there is much more to know about working in a 2nd job and what an employer can legally do about it. And those of you who live in arbitrary states have other things to consider, which we will discuss below. There are ways to hold two or more jobs at the same time without breaking the law or deceiving people. But making a general statement that you can be on the clock with two jobs at the same time without legal consequences is not fair. You really don`t want to get caught and ask your employer to hire someone like me, because then you`ll regret making life decisions based on the anonymous advice of arrogant bloggers. The short answer is yes, because of all-you-can-eat employment. But it`s an escape response. The truth is that you can be fired at any time, whether you perform one or more tasks remotely. Here at Overemployed, we argue that you should work multiple jobs remotely precisely because of the all-you-can-eat job. There is no longer any implicit employment for life, not even at IBM.
Often, remote tasks are production-based and goal-oriented – such as “just do your job and achieve your goals” – meaning there are no set hours (except for things like meetings, which are always scheduled in advance). Remote employers often tell new employees things like, “We are flexible in terms of planning. We do not have fixed hours. It`s not a 9-5. Just do your job. All states except Montana are considered an all-you-can-eat employment state, although most states have at least some form of exemption from unlimited labor laws. These exceptions are generally divided into three broad categories: For example, an employee may be clearly prohibited from working on their second job during the hours they have agreed to work for you. Employees may also run into problems if they allow their second job to drain their energy to the point where their work suffers for you. Employees may be prevented from working for a competitor, stealing from your customers, or starting their own business in direct competition with yours. This may be the case both during their employment with you and sometimes after their employment ends. Is there a risk of being “found”? Yes.
Is the probability of being found worth 2 times the payment? I would say yes. What`s the worst thing that happens when you`re found? You will be fired. But wait, you have several jobs – for the next one! Some employers don`t care until it affects job performance or conflicts with their values and you don`t work with a competitor. Some employers agree with undeclared work, but have policies that require disclosure and approval of external employment. In a broader sense, I have these two questions: 1. Provided there is no conflict of interest. Is it safer (legally) or less worrisome if your second job is an independent contractor (W2) or an employee (1099)? 2. How do people get “caught” when this happens? Apart from gossip or social media, is there another way for your employer to find out (p. e.g., a background check)? All answers and thoughts would be greatly appreciated, thank you in advance! Without seeing the actual agreement you signed, I would argue that these agreements are generally not enforceable in court and are standard conversations of great corporate lawyers to prevent you from doing two jobs for your family, which is not an illegal period.
The exclusivity agreement is more of a commercial agreement between you and the employer, I would see it that way. What happens if you have a trade disagreement? Either it is arbitrated or settled amicably, if it succeeds. They would just fire you. Oh wait, they could do it at any time for no reason, that is, at will. So get two jobs, and when a better third comes, you would now fire your bad employer or boss by leaving him. Hello! It`s a great return. I need to update this article specifically for the UK and Canada. That said, it looks like it`s not illegal for 2x in the UK, and on top of that, the termination is legally even stricter. I`m sure big companies will walk to the brink of the law with their army of lawyers like in the US to leave someone if necessary, like finding out you`re 2x-ing. The purpose of the article is that no one is really “protected” and that the reason these labor laws exist is to stop bad behavior – and they haven`t really worked because the burden of proof is so high and so are the legal fees. Thus, you can prohibit not only undeclared work, but also the use of the company`s time and resources in connection with part-time jobs and activities. If you are an hourly worker (as opposed to wages), it is theft to stay on the clock for someone else while working, which could in turn lead to a lawsuit for the reimbursement of your salary (criminal prosecution is possible and I have seen it).
Your employer has probably spent hundreds, if not thousands of dollars, to properly train you and make sure you have the resources you need to do your job for them. If you use these trainings and resources for a second job, your employer may feel cheated or upset. What happens if your new employer is doing a background check while you are still working in your current job? Your employment data will be something they will verify. I think there`s a chance they`ll find out that you haven`t inserted your two-week notice period, and that could be a potential red flag. Many states have various restrictions and restrictions on employment at will. If you live in any of the listed states, you should refer to these laws and regulations with respect to workers` rights. If the contract is silent on this issue, an employer could refuse authorization on the basis of the implied trust clause if it reasonably believes that the second role would present a risk or harm the business. If the employee refuses to give up the second job, they may have reasons to dismiss for another important reason. overemployed.com/working-two-remote-jobs-at-once/resources/ – I use the one recommended here, but basically everything similar and its mechanics are the safest. Warning: this makes it a little 🙂 awkward at first when I wrote for this blog, but I`ve gotten used to it ever since. I`ve read some of those answers and I have to say I find it amusing.
You can always say those who want to keep a poor person, a bad kind of people. Now that jobs are becoming remote, companies fear that people will work more than one job at a time and actually pay their bills and not live paycheck to paycheck to keep them under control to live a poor life.