Is it illegal for an employee to have two full-time jobs?

Rita Risser's Response:

It is not illegal for an employee to have two full-time jobs, but legal issues can arise. First, an employer can have rules prohibiting employees from working other jobs if those other jobs would create a conflict of interest (e.g.,. the second job is working for a competing company).

Second, employees have a duty of loyalty to their employers. If there are two employers, sometimes the employee must choose to whom they owe their primary duty. For example, if employer 1 requires the employee to work overtime, which would prevent the employee from showing up at employer 2, the employee has to decide what to do. If the employee doesn't work the overtime, legally employer 1 can fire them. If the employee doesn't show up for work, legally employer 2 can fire them.

Similarly, if as a result of working two jobs employees are not fully functioning when they arrive at work (tired, inattentive) then the employer has the right to terminate their employment for poor performance.

For these reasons, companies often discourage employees from taking second jobs, or require the employees to inform the company before taking such jobs, to minimize the impact on performance.

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