Employer threatening termination for getting second job while on partial UI - is this legal?

This is a tricky situation. In Washington, your employer generally can't prevent you from having a second job unless there's a legitimate business reason (like a conflict of interest, competition issues, or scheduling conflicts). If your casino job has an employment contract or handbook that restricts outside employment, they might be within their rights. As for UI, if you quit your casino job because they won't let you work a second job despite cutting your hours, you could potentially qualify for benefits under "good cause" if you can prove their restriction is unreasonable given your reduced hours. I'd recommend documenting everything - the hour reduction, their threat of termination, and your financial need. Also check your employee handbook for any policies about outside employment.

my casino did the same thing last year!! they cut everyones hours then got mad when ppl got 2nd jobs. i ended up quitting cause they kept scheduling me different hrs every week making it impossible to work anywhere else. when i applied for ui they tried to fight it but i won because they couldnt prove i had reliable full time work. document EVERYTHING

Your employer's behavior sounds suspicious. They might be trying to manipulate their UI tax rate by keeping employees technically employed but with reduced hours. Then when employees find other work, they force them to quit so the employer doesn't have to pay UI benefits. Here's what I'd suggest: 1. Ask for the policy about second jobs in WRITING 2. Contact your casino's HR department, not just your manager 3. File a complaint with L&I if they're restricting your right to work elsewhere without cause 4. If you do end up quitting, make sure to tell ESD exactly why - reduced hours + prohibition on getting additional work This could definitely qualify as "good cause" to quit under WAC 192-150-090 which covers "unreasonable employer demands".

Have you tried calling ESD directly to ask about your situation? They can give you the most accurate information about whether this would qualify as good cause to quit. If you call early in the morning right when they open, you might get through. I had to call them about a similar issue last month (employer changing my conditions after I was already on partial UI), and they were actually pretty helpful once I got through to a real person. The trick is actually reaching someone.

wait cant u just not tell ur main job about the 2nd job?? thats what i did when i was in a similar spot. as long as the schedules dont overlap they probly wont even find out

One more important point: when you're on partial UI and add a second job, you need to report ALL earnings from BOTH jobs on your weekly claim. Your benefits will be reduced based on your total earnings, but as long as you're earning less than your weekly benefit amount + 1/3, you should still receive some benefits. Make sure you're reporting everything correctly to avoid an overpayment situation down the road.

I went through EXACTLY this with my restaurant job in 2023! They cut my hours from 40 to 22, then tried to control when I could work my second job. I spoke to an L&I investigator who told me that while Washington is an at-will employment state, it could potentially be seen as constructive discharge if they're preventing you from earning a living wage while also not providing sufficient hours. Document everything! If they fire you for having a second job when they're only giving you part-time hours, that would likely be considered wrongful termination. My employer backed down when I mentioned L&I.

Update us on what happens! This is important information for lots of workers in similar situations. If you end up having to quit and file for full UI, make sure you're very specific about the circumstances in your application - that you were forced to choose between termination or economic hardship due to their restrictions on outside employment despite reduced hours.