D.Law: Pasadena's Skilled Employment Attorneys Press Services

Can Your Employer Stop You From Working a Second Job?

Pasadena, United States - September 11, 2026 / D.Law /

Today's workers often take on a second or third job to make ends meet, but in some cases, employers may attempt to prohibit this activity. D.Law, a Pasadena employment attorney, helps workers understand their rights and legal options under California law.

Workers who are wondering, "Can your employer stop you from working a second job?" or "What should an employee do if they are put on a performance improvement plan?" can contact D.Law for a legal consultation and read ahead for more information.

Understanding the Legality of Moonlighting in Pasadena

Moonlighting, or taking a second job outside of normal work hours, is generally legal under California law. Specifically, California law may protect workers' rights to engage in lawful off-duty conduct, which may include holding a second job in many cases. Under Labor Code Section 96(k), the Labor Commissioner has the authority to pursue certain lost-wages claims involving off-duty conduct.

In contrast, "polyworking," or working two jobs simultaneously, may not be protected under California law. This practice is becoming more popular for remote workers who secretly work more than one job during the same hours.

Working a second job during the hours when an employee is supposed to be working for their primary employer would not constitute conduct occurring during "nonworking hours" under Labor Code Section 96(k).

When an Employer May Legally Fire a Worker for Moonlighting

California law may provide protections when an employee is terminated for lawful off-duty conduct, including certain outside employment. However, employers may be able to legally fire a worker for moonlighting in certain scenarios, such as if the worker is:

Engaging in illegal activity
Working a second job while on the clock at their regular job
Using company resources or property for their second job
Participating in activities that harm the employer's reputation or goodwill
Underperforming at their job
Engaging in activity that directly conflicts with the company

In these cases, the employer could point to a legitimate reason for the termination, rather than simply not wanting the worker employed elsewhere.

When Being Fired for Moonlighting May Be Unlawful Under Pasadena Employment Law

In contrast, D.Law explains other scenarios in which being fired for moonlighting could be considered unlawful under California or federal employment law. A few specific examples include:

An employer terminating a worker for discriminatory reasons. If an employer terminates a worker for discriminatory reasons, this would be unlawful, even if they state that it is because the worker's second job interferes with their job performance.
An employer terminating a worker in retaliation. An employer cannot merely cite moonlighting and reduced job performance as an excuse to terminate a worker in retaliation for participating in protected activity.
An employer enforcing an illegal non-compete agreement. These agreements are often void and illegal under California law, but they primarily apply to activities after leaving an employer, not while currently employed.

About D.Law, Pasadena Employment Attorneys

D.Law is an employment law firm that represents Pasadena workers in wrongful termination cases and other employment rights violations. Those wondering whether an employer can legally stop them from working a second job can contact the firm at (818) 275-5799 for a free consultation.