Legal Question in Employment Law in Colorado
Employer denying right to have a second job at night!
I have worked for an engineering firm in Colorado for 5 years and for the last 2.5 years have also held a second job as a liquor store clerk at night. Only a few in my firm knew of the second job but last week my president came into the store and was VERY surprised to see me working. They have since told me that they have the right to deny my ability to work a second job no matter that the two are not competing in any way.
Can my primary employer control my ability to subsidize my income?
1 Answer from Attorneys
Re: Employer denying right to have a second job at night!
Interesting question. My gut reaction is no, they cannot. However, the answer may be spelled out in your employment contract with the engineering firm (if any) or company policies like those found in an employee handbook. If such a policy does not exist, I don't think they can forbid you from moonlighting. Certainly they would be hard-pressed to argue that the liquor store gig violates your duty of loyalty to the engineering firm since they two positions are not related.