Moonlighting in Maryland: Can Your Employer Limit a Second Job?

 Posted on September 14, 2025 in Employment Law

Perhaps you are adding a bit to your monthly income by being a DoorDash driver, an Uber or Lyft driver, a freelance construction worker or consultant, running your own small business on the side, or any number of other "side hustles." It is understandable; with housing, medical, and grocery costs so high, families are unable to pay their most basic bills without a supplemental income.

What if your regular employer finds out you are working a second job? Can you legally be stopped from moonlighting – or even worse, lose your regular job because of it? Maryland’s employment laws create a complex balance between an employer’s right to protect its business interests and an employee’s right to earn a living.

Understanding the rules regarding moonlighting in Maryland is essential in the event your employer finds out about your second job and threatens to take action against you. A Potomac, MD employment law attorney can help you choose how to respond to your employer based on the law.  

What is Moonlighting?

Holding a second job in addition to a primary full-time job is known as moonlighting. Moonlighting can be undertaken as a means of earning extra income, developing new skills, or pursuing personal interests through a budding small business.

Moonlighting has become even more popular with the rise of the gig economy and remote work, which exploded during the pandemic. Those who work from home for their "regular" job may have a bit more flexibility where side hustles are concerned.

However, moonlighting can also result in conflicts of interest, reduced productivity in the primary job, and burnout from all the hours worked. Some employers specifically address moonlighting through company policies that prohibit secondary employment altogether or require disclosure of a supplemental job.

Why Do People Moonlight?

As discussed, additional income is the primary reason that people moonlight. Coping with inflation or a job that may feel unstable can cause some people to seek extra income, providing a financial "cushion" in the event of losing a primary job. Others may seek to gain experience and skills in a new job or role that has intrigued them, without giving up their primary job.

As the old adage goes, "a monkey does not let go of one branch until he has another in hand." In other words, while we are not monkeys, few people can afford to go even one month without a paycheck. Checking out more desirable jobs and increasing skills on the side can provide a better chance of a new job that may pay better and be more enjoyable.  

Still others are simply pursuing the dream of their own business or passion project. After all, we all want to have a job that makes us feel as though we are contributing in a meaningful way and one that we enjoy – or, at the very least, do not dread going to every day.

Maryland is an At-Will Employment State

Most employees in Maryland are "at-will," meaning they can be terminated for any reason, or no reason at all. If an employer explicitly prohibits side jobs, this could be a reason for termination, although even if it is not forbidden, you could potentially still be fired for moonlighting.

Most employers would likely frown upon side jobs with direct competitors, and a non-compete agreement (Maryland Labor and Employment Code Section 3-716) could put a moonlighting employee in serious legal trouble. Employers may also have policies that forbid the use of company computers or vehicles for any reason except those directly related to the primary job.  In short, Maryland law does not guarantee the ability to hold a second job.

Contact a Rockville, MD Employment Law Attorney

If you are moonlighting, first review your employment contract and handbook, disclose only if required, avoid conflicts of interest with competitors, and seek legal advice from an experienced Potomac, MD employment lawyer from Freedman Law, LLC. Attorney Freedman represents clients in federal and state courts and is rated one of the best employment lawyers in Maryland. Call 410-290-6232 to schedule your initial attorney meeting.