Can my employer terminate me for having a second job?
May 21, 2022 | 30,00 EUR | answered by Sofia Vöss
Dear lawyer,
my name is Jenny Bahr and I have been working as a clerk in the marketing department of a medium-sized company for five years. In my free time, I run a small online boutique where I sell handmade jewelry. I have been running this side business for two years now and have not encountered any problems so far.
However, I have recently learned from my employer that he is aware of my side business and is threatening me with possible termination. I am very concerned about my professional future as I do not want to lose my job. I do not understand why my employer is reacting so negatively to my side business and I wonder if he can actually terminate me because of it.
I never intended to neglect my work with my main employer or to provoke conflicts with my employment contract. My side business serves only as a creative outlet and additional income. Are there legal grounds that entitle my employer to terminate me for having a side business? Are there possible solutions to prevent termination and find a solution that benefits all parties involved?
I thank you in advance for your professional advice and support.
Sincerely,
Jenny Bahr
Dear Mrs. Bahr,
Thank you for your inquiry and your trust in my advice. It is understandable that you are concerned about the possible termination by your employer due to your side job. In Germany, employees generally have the right to pursue a side job alongside their main employment. However, there are certain legal framework conditions that must be observed.
First of all, it is important to check whether your employment contract or a valid collective agreement contains a clause that regulates the exercise of a side job. Many employment contracts contain provisions that require the employee to disclose or even obtain approval for side jobs. It is therefore advisable to carefully review your employment contract to determine if you have violated any contractual agreements.
Furthermore, it must be considered whether your side job conflicts with the interests of your employer. If your side job leads to neglecting your main job, disclosing your employer's trade secrets, or competing with your employer, this can indeed be a grounds for termination. It is therefore important to assess whether your side job actually causes these conflicts.
If your employer is indeed considering termination due to your side job, I recommend seeking a conversation with your employer. Explain the reasons for your side job, emphasize that you are not neglecting your main job, and look for a solution that is in the mutual interest. Perhaps a written agreement can be reached to address your employer's concerns.
In any case, it is advisable to seek legal advice in a timely manner to know your rights and obligations. I am available for further questions and detailed advice.
Best regards,
Sofia Vöss
