Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.First, it certainly would not be a crime to work two jobs at the same time. There is zero risk of criminal prosecution for engaging in this conduct.There may, however, be potential civil liability. More specifically there is exposure for claims of fraud, misrepresentation, and breach of the employee's duty of loyalty, particularly if the two employers are in the same industry and competitors. But there are defenses to all of these claims, and the employer would be limited to collecting damages they could prove they sustained as a result of the dual employment. Nonetheless, the potential exposure is there, and even if you were to successfully defend against these lawsuits, it would cost thousands of dollars to do so. It should also go without saying that you would likely be terminated from either position should the employer find out about the other.The good news is that there is little chance of either company finding out about the other. The IRS does not report all sources of income of an employee to the employer, and there is no other mechanism by which an employer would automatically be informed of an employee's acceptance of other work.Whether or not the risks of being caught are worth the potential benefit is up to you to decide. I hope this information is helpful to you in making your decision.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Thanks for your reply. I just saw your response. So I understand what you are saying. So to follow up on that a little bit, you mentioned that there would be a potential conflict if the two companies are in the same area or are competitors of each other.
But how about if that was NOT the case. In my case, the two companies are NOT direct competitors in the products that they make and sell. They are in the same field (ie. technology), but the products are NOT the same for each of the companies (ie. HP vs. Dell).
Would that make any difference?