Legal Question in Administrative Law in South Carolina

Employee Discipline

Can an employer issue a disciplinary action that forbids you from working a secondary job if it is not a conflict of interest. Can an employer force you quit the secondary job and threaten to issue further disciplinary action if you are caught working the secondary job.


Asked on 6/09/01, 2:42 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Employee Discipline

In most situations in the private sector an employer has no legitimate interest in what an employee does off the job. If there is a conflict of interest with the primary employer's business or if an employee's off-the-job behavior negatively impacts the employer's business, then the interest may be legitimate and the employer may have some say over that behavior.

The employer would have to make a very strong showing of prejudice under the facts you describe.

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Answered on 6/28/01, 1:05 pm


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