Can I Be Fired for Having a Second Job in Ontario?
Working a side job or looking for another role is usually your right in Ontario. But a conflict of interest or a moonlighting clause can change that. Here is where the line is.
Key takeaways
- There is no general law against holding a second job in Ontario.
- An employer can restrict it with a clear conflict-of-interest or moonlighting clause.
- A genuine conflict (competing, using confidential info) can justify discipline even without a clause.
- Looking for another job is not misconduct and is not cause for dismissal.
- Being fired for a lawful second job is usually a without-cause dismissal with severance owed.
In this article
A lot of people work a side gig, freelance, or quietly look for a better role while still employed. Then they worry: can my employer fire me for this? In Ontario, the answer usually starts with no, but it depends on your contract and whether there is a real conflict. Here is where the line actually falls.
✅Quick answer. There is no general law stopping you from having a second job in Ontario. An employer can only restrict it if your contract has a clear conflict-of-interest or exclusivity clause, or if the second job creates a genuine conflict, such as competing with your employer, using its confidential information, or interfering with your performance. Simply looking for another job is not misconduct. If you are fired for a lawful side job or for job-hunting, that is almost always a without-cause dismissal, which means severance is owed.
The default: your time is your own
Outside of your working hours, what you do is generally your business. There is no Ontario statute that bars employees from holding more than one job. Many people work two jobs out of necessity, and that alone is not a reason for discipline or dismissal. The starting point is that a lawful second job, unrelated to your employer, is your right.
When a second job can be a problem
- A clear contractual clause. If you signed an exclusivity, conflict-of-interest, or moonlighting clause, your employer may be able to enforce reasonable limits, though overbroad clauses can be challenged.
- A genuine conflict of interest. Working for a competitor, using your employer's confidential information, or diverting its clients can justify discipline even without a specific clause.
- Impact on your job. If the second job causes you to underperform, miss shifts, or breach a real workplace policy, that performance issue, not the second job itself, can become the concern.
- Fiduciary or senior roles. Executives and other senior employees owe heightened duties, so the same side activity may be treated more strictly.
Can I be fired for looking for another job?
No. Searching for a new role is not misconduct, and it is not just cause for dismissal. If an employer lets you go because they found out you were interviewing elsewhere, that is a termination without cause, which entitles you to reasonable notice or pay in lieu just like any other without-cause dismissal. Note that actively competing with your employer or soliciting its clients while still employed is a different matter, covered in competing and soliciting after you leave.
What should you do if your side job is questioned?
- 1.Check your contract for any exclusivity, conflict-of-interest, or moonlighting clause.
- 2.Make sure your second job does not compete with your employer or use its confidential information.
- 3.Keep the two roles clearly separate, on your own time and equipment.
- 4.If you are dismissed over a lawful side job or for job-hunting, treat it as a without-cause termination and get your severance reviewed.
If you were let go for something that is really your own lawful activity, the label your employer puts on it does not control the outcome. See wrongful dismissal in Ontario and, if they alleged cause, just cause for termination, then get a severance review.
Frequently asked questions
Can my employer fire me for having a second job in Ontario?
Usually not. There is no general law against a second job. An employer can only act if your contract has a clear conflict-of-interest or exclusivity clause, or if the side job creates a genuine conflict such as competing or using confidential information.
Is it legal to work two jobs in Ontario?
Yes. Nothing in Ontario law stops you from holding more than one job. What matters is whether a second job conflicts with your employer's interests or breaches a valid clause in your contract.
Can I be fired for looking for another job?
No. Job-hunting is not misconduct and is not just cause. If you are dismissed because you were interviewing elsewhere, that is a without-cause termination and you are generally entitled to reasonable notice or pay in lieu.
What if my contract has a moonlighting clause?
A clear conflict-of-interest or exclusivity clause may let your employer impose reasonable limits, but overbroad clauses can be challenged. Keeping your second job non-competing and on your own time is the safest position.
Marcus Bello
Legal Writer, Mirza Law
Marcus Bello is a legal writer at Mirza Law in Toronto.
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