Moonlighting
My job was eliminated (Office Manager) and I was offered another position at 1/2 my salary. I took it and was able to get side work which I told a partner at my office about (who had no problem with it). Now 2 weeks later the other partner is telling me I am not allowed to do any side work in my industry. I am not working for a competitor and I am not providing a service that my current employer provides. As a side note, other employees have been able to hold part time jobs as bartenders and retail associates and it was never a problem. Is this legal?
1 answer | asked Nov 9, 2009 07:08 AM [EST] | applies to New York
Answers (1)
In general, an employer can set policies and require you to adhere to them or risk losing your position. Since New York is an "at will" employment state, your employer can terminate your employment for any reason, with a few exceptions.
If your employer is treating you differently than other employees and you suspect its reason for doing so is unlawful (e.g., age, race, national origin, retaliation), you may have a claim for disparate treatment.
If co-workers performing similar job duties have been permitted to take second jobs and you are being prevented from doing so, you might want to inquire into the reasons. Based solely on the information you have provided, there is no clear case of unlawful conduct by your employer.
Patricia M. Pastor, Esq.
631-988-4047
posted by Patricia Pastor | Nov 9, 2009 07:40 AM [EST]
If your employer is treating you differently than other employees and you suspect its reason for doing so is unlawful (e.g., age, race, national origin, retaliation), you may have a claim for disparate treatment.
If co-workers performing similar job duties have been permitted to take second jobs and you are being prevented from doing so, you might want to inquire into the reasons. Based solely on the information you have provided, there is no clear case of unlawful conduct by your employer.
Patricia M. Pastor, Esq.
631-988-4047
posted by Patricia Pastor | Nov 9, 2009 07:40 AM [EST]
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