I am employed at Dunkin' Donuts. It is a minimum wage job and I am in high school but I'm graduating this year so I wanted to start a second job to help me pay for college this fall. I casually mention to my boss at Dunkin Donuts that I was going to try to get my job at Taco Bell back and she said "You would have to pick either here or there. If you worked both I'd have to terminate you because its conflict of interest." I said okay but got the job anyways. Is this really considered conflict of interest and can I be fired for working both places or is my boss in the wrong? If I were to get fired would it be worth suing or no? Thanks! And also Taco Bell knows i work at Dunkin and have no problem with it so is it up to the employer to determine this or is it a state/country wide guideline?
Contracts / Agreements Lawyer
My answer is two-fold. First, for the legal side to this answer--It is not a “conflict of interest” to hold both jobs. Doing so may possibly violate the internal policies of the company, and that may be what your employer is referring to. Perhaps try talking to the employer in a well-reasoned manner, noting how the two positions are do-able with your schedule, especially with summer around the corner. If she can’t point to an internal policy that disallows that, perhaps try offering her the right to set your schedule first, and then offer the remaining hours in your free time to the other employer (I’ve seen this work successfully firsthand). In the end, Ohio is an at-will employment state, so with certain exceptions (for example, discrimination), you can be terminated for any or no reason (so a suit would not be a good idea). Now, the real and more important answer-- for an employer to let you go over this would be very short sighted. Your work ethic, independence, astuteness to ask the right legal questions, and drive to make a college education and bright future happen, clearly shine through your question. If this employer can’t see and appreciate those qualities, and what that type of attitude and intelligence will bring to her establishment, then her loss will be a gift to your next employer. Young persons like you are hard to find. Kudos to you!
3 lawyers agree
Employment / Labor Attorney
If you worked at Dunkin' Donuts AND Krispy Kreme Donuts it might be.
How about at the post office and fedex at the same time? NONSENSE!
Are Taco Bell and Dunkin' Donuts OWNED by the SAME corporation?
Who knows what your boss is talking about. ASK for the "conflict of
interest" reasons in WRITING from her. Bet you a donut she can't
come up with some policy. If she cannot tell her you're going to sue
her as you lost the job for no reason due to HER mistakes.
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.