In today’s increasingly digital world, employers are faced with a number of legal considerations to weigh before they discharge or discipline an employee for having outside employment.
- Side gigs supported by digital apps are becoming more common.
- State laws may regulate whether an employer can fire a worker for moonlighting.
- Most employees are considered at will, but some have job protections from a union contract or individual employment contract.
It is becoming more common for employees to have side gigs, particularly in roles like food delivery, ridesharing, online tutoring, social media management, creating content as a social media influencer, and reselling goods on online marketplaces.
Several factors govern whether an employer can legally fire or discipline a worker for moonlighting, including whether a union contract, individual employment contract, or noncompete agreement is in place. Without a contract, most employees are considered at will, meaning they can be fired for any reason or no reason at all, unless it constitutes discrimination or retaliation.
Many employers maintain written moonlighting policies, which may require workers to get HR or supervisor approval before starting any outside employment. Likewise, many employers have language in their employee handbooks to bar conflicts of interest or working for a competitor. For example, it may create a conflict of interest if an employee for a well-known multinational hotel chain becomes a popular travel...
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