Employed in several full-time jobs and the possible consequences

Interview Summary

Many employees feared a loss of employment or a potential layoff as a result of the pandemic. In order to combat potential financial difficulties, some employees applied for new positions and kept their previous jobs. Can employees legally work two full-time positions simultaneously? What disadvantages, if any, are there to over-employment?

An Ottawa employment lawyer at Samfiru Tumarkin LLP joins Kelly Cutrara on 640 Toronto to answer these questions and more on employee rights.

Interview Notes

• Legal language in an employment contract preventing over-employment: As a result of the pandemic and remote working, many employers are seeing that employees can work multiple jobs. There are many more employment contracts now containing an exclusive employment clause included in an employment agreement.
• Potentially working for the competition: In terms of non-competition clauses, in Ontario, these clauses are not enforceable. Employees that have left their jobs could potentially work for a competitor but must still be careful of the knowledge they are implementing.
• Termination for cause potential and other legal consequences: It’s important for employees to understand that they can be let go for any reason and at any time by their employer. It will be important to discern whether or not a termination for cause is possible in the event an employee has worked multiple jobs. An employment contract will be vital in determining if an employee has breached their employment terms.