Legal Question in Employment Law in Virginia

Very Strict Moonlighting Clause

My husband is employed by a small,local HVAC business as a technician. Upon his employment no mention was made of moonlighting being prohibited and no employee non-compete agreements or employee contracts were were signed. Yesterday, his employer put out a statement saying that ''...there will be absolutely no side work (moonlighting) of any kind done by any employee except for helping out their mom, dad, or sibling. If any side work is done that will be grounds for immediate termination...''This policy even includes prohibiting doing side work for people in another city (for example, a mother-in-law who lives 2 1/2 hours away.)

My question is, in the state of Virginia does this policy legally apply to my husband who never signed any non-compete or moonlighting agreements prior to employment? More generally, is this employers policy legal at all?


Asked on 9/07/05, 10:57 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Very Strict Moonlighting Clause

I am not aware of any prohibition in Virginia law

that would prevent employers from implementing a general policy against employee moonlighting.

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Answered on 9/07/05, 11:04 am


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