Legal Question in Employment Law in California
Prohibit working second job as condition of employment?
Can an employer make it a condition of employment that the employee does NOT work any additional jobs? The employer owns a medical office, and he wants to prohibit doctors that he hires from working anywhere else while they work for him. It's not a matter of non-compete, he just wants the Dr.s to work solely for him so they don't shirk their duties at his practice in order to work somewhere else. I looked at the labor law for CA, but I couldn't find anything.
3 Answers from Attorneys
Re: Prohibit working second job as condition of employment?
No, non-compete clauses in any agreement must be fair and reasonable under the circumstances, not strictly to limit trade or competition, in order to be enforceable. If you would like further assistance in this matter, contact us directly.
Re: Prohibit working second job as condition of employment?
Employees owe a duty of allegiance to the employer. If the second job was at a similar business and could be considered a conflict that might interfere in the allegiance, then it might be validly prohibited. Your employer may not be able to legally enforce the term, but could still try to. Keep in mind that without a written employment contract, you are 'at will' and can be fired without 'cause'. An argument over this could have that result.
Re: Prohibit working second job as condition of employment?
The law that comes closest to what you are looking for is Labor Code section 96(k), which prohibits employers from demoting, suspending or discharging employees for lawful conduct occurring during nonworking hours away from the employer's premises. Courts have only allowed the Labor Commissioner to enforce this provision and it is questionable to what extent it will do so.
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