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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11289
Experience:  Significant experience in all areas of employment law.
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I live in North Carolina. I had a employment law related

Customer Question

Hello. I live in North Carolina. I had a employment law related question. I currently work a full time job (salaried). I have been offered another full time job (salaried). Both of the jobs are "work from home" jobs. From the work load perspective, I can very easily manage both jobs.
My questions are:
- Is there any law against holding 2 full time SALARIED positions?
- Is there any way one company can find out another another? ie. Does IRS report this type of situation to either companies?
Thanks,
Concerned Employee
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

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.

Expert:  Patrick, Esq. replied 1 year ago.
Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.
Customer: replied 1 year ago.

Hey Patrick,

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?

Thanks...

Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your reply.

Yes, that makes a bit of a difference, but since both of the jobs are salaried, you are impliedly representing to each employer that they will have your full and complete effort and attention. Accepting your full salary from each employer without disclosing the fact that you are working somewhere else may be regarded as misrepresentation and breach of your duty of loyalty, which can potentially subject you to a civil lawsuit for damages. It probably isn't likely that you'd be sued, but there's the chance, and it shoudl be factored into any informed decision.

I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.
Expert:  Patrick, Esq. replied 1 year ago.
Please don't forget to rate my service if I have answered your questions. This is the only way that I am paid for my time and so is very much appreciated.

Best,

Patrick

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