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The Rise of Overemployment: A New Work Trend with Legal and Ethical Implications
Overemployment, a term that has gained traction among Gen Z and is often referred to as polyworking, is now becoming a significant topic in the modern workplace. This trend, where employees take on multiple jobs simultaneously, is causing concern among employers who are beginning to question the loyalty and availability of their remote staff.
As social media buzzes about cases like that of Soham Parekh, a software engineer accused of working for several Silicon Valley startups at once, many bosses are starting to voice their suspicions. Post-pandemic remote work has inadvertently created a loophole that some have exploited, allowing them to juggle multiple roles without raising immediate red flags.
According to research by Paychex from 2023, a staggering 40% of workers were found to be juggling two jobs, with Gen Z being the most active group. A full 93% of young workers admitted to splitting their time between multiple employers, compared to just 28% of baby boomers and 23% of Gen Xers. For these individuals, the benefits can be substantial—higher income, the ability to maximize earning potential while they’re young and child-free, and even the possibility of retiring early.
One Reddit user shared that they recently landed a fifth job, bringing their daily income to over $3,000. However, this trend isn’t without its challenges. Employers are increasingly complaining about issues such as shoddy quality of work, missed meetings, and a sense of betrayal.
Legal Considerations of Holding Multiple Jobs
Despite the concerns, employment experts confirm that holding down multiple jobs is generally legal in the U.S. and the U.K. Nicholas Lakeland, an employment lawyer at Laytons, explains that it depends on the terms of the employment contract. Most full-time contracts include clauses that require employees to dedicate their “whole time and attention” to their primary job, but there’s no outright law prohibiting additional employment.
Peter Rahbar, an employment attorney and founder of the Rahbar Group, echoes this sentiment. He emphasizes that employees should review their employment agreements and check for any policies that might prohibit other employment. If a side job presents a conflict of interest or competition with the primary job, he advises against pursuing it to avoid potential legal issues.
For employers, Rahbar recommends implementing clear moonlighting policies and considering whether to explicitly prohibit other employment in contracts. On a more practical level, he suggests paying employees fairly, as many take on additional jobs for financial reasons rather than intellectual curiosity.
Consequences and Risks of Overemployment
While technically legal, overemployment can still lead to serious consequences. Tom Spiggle, an employment lawyer at the Spiggle Law Firm, notes that although there’s no federal law preventing workers from holding multiple jobs, there’s also no legal protection for this right. Employers can legally fire employees if they discover they’re working multiple jobs, especially if it involves sharing confidential information or competing with the primary employer.
Lewis Maleh, CEO of executive recruitment agency Bentley Lewis, highlights the risks associated with overemployment. He points out that even if the work is getting done, trust issues, tax implications, confidentiality risks, and availability concerns can arise. Additionally, intellectual property disputes may emerge when employees split their time between multiple employers.
Maleh shares that he has seen workers dismissed for this exact reason. He emphasizes that if someone is in a full-time permanent role, they shouldn’t take on another full-time position unless the company approves. He warns that this behavior is not ethical and could lead to long-term career repercussions if discovered.
The Importance of Transparency
The chances of being caught are quite high, according to Maleh. Workers have been exposed through LinkedIn activity, tax-record checks, background-screening companies, and even accidental encounters during Zoom interviews for other jobs. Employers care because of the trust issues, tax implications, confidentiality risks, and availability concerns that come with overemployment.
In conclusion, while overemployment may offer short-term financial gains, it can lead to long-term career damage. As Lakeland suggests, the best approach is to be open and honest with employers. Negotiating a variation to the employment contract requires transparency and seeking permission upfront.
If you’ve been caught holding multiple jobs, consider reaching out to share your experience. The conversation around overemployment is ongoing, and understanding its implications is crucial for both employees and employers alike.
