San Jose, CA asked in Employment Law for California

Q: Can I be employed by another company while working full-time for my current employer? Do I have to let them know?

Or can I start my own business while being employed?

Related Topics:
2 Lawyer Answers

A: Normally, you can work on anything you want during your non-work hours as long as it does not compete with your employer or violate a provision in your employment agreement such as using trade secrets or confidential information. However, if you are an officer or director of the business you may have fiduciary obligations.

A: Generally there is nothing unlawful about you working more than one job. However there are some things you need to be careful about when doing so.

First, you owe a legal duty of loyalty to your employer(s) which means working for a competitor and directing benefit to one over the other could be unlawful.

Second, working for a competitor might also implicate promises you made in any confidentially agreement or provision.

Third, if you start your own business you cannot do anything on the clock with your employer to establish the business or procure customers while employed. It all has to be done after hours and using your own assets and equipment.

Fourth, know that as an at will employee, you can be terminated for any reason or even no reason at all. If the employer gets the sense that you are too tired or overworked because you are working two jobs, you may well be fired.

Before you go very far down the line with the idea of opening your own business, you should seek out a consultation with a business attorney to help you to avoid the substantial legal land mines you could trip along the way.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.