Wednesday, August 19, 2009
Joyce Lain Kennedy :: Townhall.com Columnist
Do You Have a Right to Moonlight?
by Joyce Lain Kennedy
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DEAR JOYCE: My chances of getting a raise this year from my current employer are zero. So I need to take a second job to keep paying my mortgage. The company's policy is "no moonlighting." Can a company legally enforce such a rule? -- C.G.

Many employers have problems with second work schedules. They may worry about the disclosure of competitive secrets to another firm, or whether moonlighters will be too worn out to do their primary job right.

Assuming you're an "at will" employee (no union or employment contract), your employer probably can exert exclusivity claims. But for a definitive answer in your state, check with a local employment lawyer.

The reality is that unless you want to sue, it's immaterial whether an employer has the legal right to forbid you to take a job. If you become a two-paycheck person and your unhappy employer finds out about it, many pretexts can be found to judge your work unsatisfactory and dismiss you.

Consider a strategy that will work in some -- certainly not all -- situations: Convince your employer, preferably in a group presentation, that moonlighting does the company no harm and may, in fact, benefit it. Among reasons why it's a benefit, not a loss:

-- You'll learn transferable cost-saving moves at another company.

-- The added income you'll earn will protect your employer's training investment in you.

Add that you value your job, are a loyal team player and will always give your primary employer top priority on your time and energy.

DEAR JOYCE: I have a professional job but the bills are bigger than I am. What can you suggest as a moonlighting job? -- J.R.R.

Remember that the key to happy multiple jobholding is fitting the second work schedule in with something you like to do. Otherwise you risk living life on a hamster wheel.

If you're art-minded, for example, you could seek a job in a framing shop or gallery.

Like fashion? Locate a source of closeout clothing and sell the merchandise at large swap meets and house parties. Continued...

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About The Author

Joyce Lain Kennedy is a syndicated columnist focusing on business and career issues.

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