Full time job w/ benefits and a contract position simaltaneously

Can a person work full time as a marketer for an agengy with benefits and take on a contract position that is doing marketing in a different area at the same time if there is no non compete----in other words can i be a full time employee w/ benefits and take on ft contact work if i choose to work 80 hours a week and meet the goals of each poistion and do i need to inform each that i am doing this work?

1 answer  |  asked Mar 16, 2007 12:53 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Working two jobs

I would have no way of knowing whether you are capable of working two full-time jobs at the same time. I can only tell you what the law may or may not require.

There is no law that I know of that you prohibit an employee from working two jobs at the same time. There may be some limitations only to the degree that the employers may be competitors because, while employed, an employee has a duty of loyalty to the employer.

I also know of no law requiring an employee to inform one employer that the employee has taken another (second) job with another employer. It may not be required by law, but my answer doesn't even attempt to answer the question of whether it might be good business to withhold this type of information.

There are a few other issues to keep in mind. For example, if an employee is hold two jobs simultaneously, neither employer has any obligation to accommodate the employee's needs with respect to the other job. If, for example, a scheduling conflict comes up, each employer would be well within its rights to demand that the employee give its work priority.

Further, although an employer has only a limited ability to prevent former employees from working for whoever they want, employers have the right to limit other employment of current employees. In other words, an employer can demand that its employees hold only one job, the jobs the employees have with that employer. If the employer had no such policy today, the employer could decide to impose such a policy tommorrow.

A limitation on a second job need not be total. So, an employer can limit current employees from working for competitors. Or, the employer can limit other work to only part time work. Or volunteer work.

posted by David M. Lira  |  Mar 16, 2007 3:49 PM [EST]

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