Gaithersburg, MD asked in Contracts and Employment Law for District of Columbia

Q: Does my contract of employment preclude me from having another part-time job?

The relevant clause is this: "7. EXCLUSIVITY. During the term of this Agreement, Employee will devote his/her full-time to providing services exclusively as directed by Employer and shall not perform services for others."

The choice-of-law provision puts it in PA (however in case it matters the actual job is entirely within MD, VA, and DC).

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1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
  • Warrenton, VA
  • Licensed in District of Columbia

A: The choice of governing law is not particularly relevant because, to the best of my knowledge, neither PA nor DC/MD/VA have laws overriding exclusive employment agreements. The provision you quote is plain and precludes you from taking on a part-time job. On the other hand, all states follow the common law rule that personal services cannot be compelled, meaning that accepting the part-time job would be a breach, justifying termination, but accepting a full time job would not result in a court order restraining you from working the other job.

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