In most cases, California employers can legally terminate employees for working a second job, especially if there is no employment contract prohibiting it. Under at-will employment, employers do not need to justify firing decisions unless the termination violates a specific law or public policy.
However, there are limits. Employers cannot fire you for having a second job if doing so would violate discrimination laws, retaliation protections, or privacy rights. If you believe you’ve been wrongfully terminated, call our Los Angeles termination attorneys today for a free consultation.
When Having a Second Job Can Lead to Termination
You may be at risk of termination if your second job:
- Creates a conflict of interest: Working for a competitor or disclosing confidential information.
- Violates company policy: Many employers have written policies against outside employment that interferes with your primary job.
- Affects job performance: If the second job causes you to arrive late, miss shifts, or underperform.
- Uses employer time or resources: Using company computers, phones, or other resources for your second job.
Employers have a right to expect loyalty, confidentiality, and consistent performance. If your second job interferes with any of these, they may choose to end your employment.
What Employers Cannot Do
While employers have broad discretion, they cannot terminate you for illegal reasons, including:
- Retaliation: If you take on a second job because your employer cut your hours after filing a complaint or reporting a violation, termination may be unlawful and this could be workplace retaliation.
- Discrimination: Firing someone for having a second job based on race, gender, religion, or another protected class is illegal and considered employment discrimination.
- Violating public policy: Employers cannot restrict lawful off-duty conduct unless it directly impacts business interests.
California law also limits how much control an employer can exert over off-duty conduct. For example, if your second job is unrelated to your primary employer’s business and does not affect performance, it may be illegal to terminate you solely for moonlighting.
California’s Off-Duty Conduct Laws
Two key laws protect employees from being punished for legal, off-duty activities:
This section authorizes the California Labor Commissioner to pursue claims on behalf of employees who have been demoted, suspended, or terminated for “lawful conduct occurring during nonworking hours away from the employer’s premises.”
This law prohibits employers from retaliating against employees for engaging in lawful conduct or for exercising any legal right, including off-duty activities. It also protects employees from adverse employment actions tied to off-the-clock behavior unless there is a legitimate business-related reason.
How an Employment Lawyer Can Help
If you believe you were wrongfully terminated for having a second job, an experienced Los Angeles wrongful termination lawyer can help. Your employment attorney can:
- Review your employer’s policies and employment contract
- Evaluate whether the termination violated labor laws
- Gather evidence to build a strong case
- Help you file a claim for wrongful termination or retaliation
- Pursue compensation for lost wages and emotional distress
You have the right to support yourself with multiple sources of income—as long as it does not interfere with your legal obligations as an employee.