Legal Question in Employment Law in California

In California, can I be a full-time employee of Company A and simultaneously be a contractor at Company B (not a competitor or supplier of Company A)? I would work for Company A during business hours and consult for Company B over the weekends and there's no conflict of interest from a business perspective. I'm currently a full-time employee at Company A and the employee handbook only disallows working simultaneously for a competitor or supplier but does not say anything else about working simultaneously for another company. Would this be allowed?

Asked on 2/09/12, 10:09 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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There is no law that prohibits working for more than one company at the same time. There is a law that imposes a duty of loyalty to an employer, which means you can do nothing to harm your employer which would include conflicts of interest. As long as there is no conflict with your full-time employer, you should be okay.

Having said that, your employer may perceive that your services with company B creates a problem. If you are an "at-will" employee (as most employees are), the company may insist you devote all your time to them, exclusively, or separate from them. If that happens, you will have to make a choice.

Answered on 2/10/12, 9:45 am

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