Can my part-time employer restrict me from also working for another employer PRN because they may wa

I work part time for my employer. I would like to work more hours, but they are unable to offer me additional hours at this time. I am a professional and prefer the type of work that I am currently doing. I would like to pursue some PRN opportunities with other employers in my field to supplement my current employment. My employer tells me that I cannot work in the type of setting that I am interested in because they may want to pursue relationships with these providers in the future. Basically I am being prevented from doing any extra work in my professional area of interest in any of the surrounding counties in Pennsylvania because my employer might want to seek these contracts in the future. Full time opportunities for my type of work are few and far in between in my geographic are, so to get more hours I really need more than one job.

2 answers  |  asked Sep 19, 2015 10:13 AM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

That being said, unless you have a noncompete, you can work for whomever you want. The employer can terminate your PT employment if they don't like you working elsewhere - but I would suggest that working for an employer that wants to limit you for their benefit is unlikely to work out long-term, so I'd start looking for new PT employment.

/Christopher E. Ezold/

posted by Christopher Ezold  |  Sep 21, 2015 10:20 AM [EST]
Doris Dabrowski
As a legal principle, a part-time employer does not have a right to control the employee's professional activities elsewhere. However, an employer may discharge an at-will employee for any reason, or no reason, provided that the dismissal is not motivated by discrimination or retaliation prohibited by state or federal law. Working at a second job in itself is not an activity protected by statutes.

Answers to posted questions are based on general principles of law. I have not had the opportunity to review all the facts of your employment situation.

posted by Doris Dabrowski  |  Sep 21, 2015 07:25 AM [EST]

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