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Even if you were not employed at will, violating your employer's policy would be sufficient "just cause" grounds for termination or discipline.(However, if you live in a state with a law restricting an employer's ability to fire you for "lawful conduct outside of work," that law might offer some protection.Whether your company can do this depends on where you live, as some states have laws preventing employers from discriminating against smokers, but other states provide no such protection and leave employers free to fire employees who smoke.Most of the companies implementing anti-smoking policies are giving their employees time to quit smoking, and are supporting their efforts by sponsoring programs and paying for aids to quit smoking, such as medication, nicotine gum, and patches.For more information on these laws, see our site's page on political activity retaliation.) If it is essential for you to moonlight for financial reasons, or you are gaining experience which might help you advance within your current company, then you may wish to talk to your supervisor or someone in your company's human resources department to find out the reason behind the company's policy, and to see whether your employer is willing to make an exception to the policy.If they understand that your primary loyalty is to your full-time job, and respect the reasoning behind your need to moonlight, then you will have resolved this issue in a way that doesn't risk your full-time employment.
If your company does not have a moonlighting policy, then it may not be a problem for you to have a second job, but to be safe, you might want to consult a supervisor or your company's HR department. ” Thinking that if you met the “right person” everything would turn out “right? Best of all, he offers the most practical and uncensored advice you will ever hear on this topic. "If you think hiring professionals is expensive, try hiring amateurs." –Anonymous There is no single law protecting the rights of employees while they are off work.For more information see the Workplace Fairness page dedicated to Social Networking and Computer Privacy.Additional information can also be found at the Electronic Frontier Foundation's Blogger's FAQ on Labor Law.