Can my employer force me to quit my second job?

This blog was originally published in the Globe & Mail on September 13, 2020

Can my employer force me to quit my second job? Because of the pandemic, they are saying it’s a health and safety issue even though the employer of my second job is following all the public health and safety rules.

There is no general rule prohibiting someone from working a second job, but there are exceptions. The most common ones are where a second job is prohibited by the employment contract, creates a conflict of interest or causes performance-related issues such as unavailability for shifts, absenteeism, tardiness or lower productivity. There may also be legal restrictions, such as the province of Ontario’s recent ban on working at more than one long-term care facility.

Barring any of the above exceptions applying, the answer to this question will depend on whether the employer’s COVID-19-related concerns about the second job are reasonable in the circumstances and whether there are less restrictive ways of addressing those concerns. This requires assessing the nature of both jobs.

The employer may be able to justify its restriction if it normally serves or employs medically vulnerable or immunocompromised persons, or if there is a heightened risk of COVID-19 exposure at the second job (e.g. it involves working front line at a long-term care facility). Where the second employer is truly following public health guidance and does not present an increased risk of infection, there is likely no cause to discipline or terminate an employee who refuses to quit their second job.

Provincially regulated employees in Ontario can generally be terminated without cause upon reasonable notice. This may give an employer undue leverage to force an employee to quit their second job or face termination. An employee in these circumstances may be entitled to financial compensation for wrongful dismissal, harassment or discrimination. This is likely cold comfort for an employee who must work two jobs to make ends meet.

The above is provided as general information only. Questions related to working a second job may involve complex legal issues. Contact us today if you would like to consult with our lawyers about working a second job or other employment related issues.