Legal Question in Employment Law in California

Denied ability to hold a second job, and attend school

I work for a California educational institution, and my employers have given me a hard time about having a night/weekend job at a restaurant, and also about taking night/weekend classes in an effort to finish my BA. They've even gone so far as to suggest that if I'm late to work, or if I call in sick, it can only be assumed that it's because I'm spending too much outside time working another job or studying for exams.

I'm a union employee with a contract that fails to address whether employees can have second jobs or take classes (but it certainly doesn't say we can't). All I've found in the contract is a section that says we're entitled to an annual stipend for completing a degree that isn't required for the job. Therefore, I'm led to believe that finishing one's education shouldn't be prohibited like this. Furthermore, I know people in other departments on campus whose supervisors are in full support of their professional and educational pursuits. My own bosses, however, seem to think they have every right to tell me what I can't do in my off-time. Can they do this, and if not, what law are they in violation of?


Asked on 2/20/06, 9:34 pm

1 Answer from Attorneys
Tom Walker Law Offices of Thomas C. Walker

Re: Denied ability to hold a second job, and attend school

There is a Labor Code provision that protects employees from employer retaliation for outside- work activites, but you also have some duties of loyalty to this employer - and your union contact is a wrinkle. My thinking is this is a stiuation that might require you sit down with an employment attorney and work-out a strategy. Good luck.

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Answered on 2/23/06, 8:24 pm


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