Legal Question in Employment Law in California
Holding a second job can be reason for immediate termination?
I work as a cashier at a gas station where they can give me only 4 days to work. I've got to work 2 days at another gas station to add to my income. Recently my manager from my first job started to act hostile and I want to move to another station within the same company for personal reasons. Can he terminate my employment immediately due to finding I hold the 2 day job with another company? The benefits I have with his company are vacation and sick days. Most of my colleagues hold more than one job.
Please advise.
Thank you
2 Answers from Attorneys
Re: Holding a second job can be reason for immediate termination?
Under California law, employers may not fire employees for engaging in lawful conduct away from the employer's business. Unless there is some conflict of interest involved by your working for another company, I do not agree that you can be fired simply because you are "at-will"
Re: Holding a second job can be reason for immediate termination?
Yes he can. California is an "At will" state meaning you can leave at will and employers can fire you at will so long as it is not based on class status or in retaliation for whistle-blowing.
Martin