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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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One person is working for a company full time on W2. If the

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One person is working for a company full time on W2. If the person starts to work for another company on W2 without quitting the current job, is it legal? If it is, does the current employer be notified (by IRS or some other third party if not by the employee himself). In the above situation, what if the person take the second job on 1099 not w2. In the above situation, we assume the person can successful the work load of the two jobs.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

There is no law against a person working at two different jobs on W2. IRS does not notify anyone about a person's other jobs. Neither does any other entity. By that, I mean that there is nothing requiring an employer to be notified when a person takes a second job.

Now, that being said, if one employer finds out about the person having another job, even in their off time and even if they are keeping up with their work, that employer can technically ask them to quit or face termination. That is because, while it is not illegal to work a separate job, it is also not a legal right that is protected from employers not liking it.

If someone were terminated for that though, they could file for unemployment for the lost job, because it isn't illegal for an employee to have a second job.
Customer: replied 3 years ago.

Thanks. Regarding filing for unemployment, if the person is having the second job while trying to file the unemployment on the first job he/she was terminated, the income (from second job) typically is higher than unemployment required low income level, as a result, he/she will receive nothing from the unemployment, right?

Well, I wouldn't say that the second job is typically higher than unemployment. It can be higher, and if it is then yes the person would have to report the second job income and would not get unemployment, but often the second job doesn't exceed the unemployment amount.

I just really depends on how much money is being made in the second job as compared to that person's weekly benefit based on their income over the "base period" used by unemployment.
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