In my employment handbook, is states that says I am not allowed to take on a second job that would interfere with my ability to work overtime. Since an employer can't force you to work overtime, would this even be a legal stipulation?
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theceebs
ANSWERS: 3
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An employment handbook is generally not a contract, and neither party is bound to it. However, in most states an employer can fire you for any reason, or no reason at all, and the handbook merely lets you know what the employer expects. If the employment handbook is construed as a contract, the provision is still valid.
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Sounds like the stipulation that I had to sign, I imagine it's a pretty standard thing. If you want a part time job, just take one during the hours you know your boss won't want you, like overnight stock work.
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Depending on state law, you can be fired (or quit) at will. The handbook is a let of legal rules generally created to protect the employer and other employees in the event you do something dangerous or illegal. Quite often in your employment contract there is a phrase "duties as needed", if it's in there, they can require overtime, as long as you are compensated and you are not asked to exceed OHSA overtime laws (maximum number of hours, and breaks as legally required both at federal and state levels).
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