Ever felt that pang of worry when your boss sees your hustling WhatsApp status? The phrase “My Boss Wants to Fire Me Because I Have a Side Hustle” captures that exact fear of losing your main job for trying to make extra shillings.
We break down your rights under Kenyan labour law, what your employment contract really says, and how to navigate this tricky situation without losing your income. Knowing where you stand is your best defence.
What Does Kenyan Law Actually Say About Side Hustles?
Many Kenyans believe that having a side hustle is automatically a sackable offence. That’s not entirely true. The Employment Act doesn’t explicitly forbid it. The real issue is whether your hustle conflicts with your main job’s interests or performance.
The “Conflict of Interest” Clause is Key
Your employment contract likely has a clause about conflict of interest. This means your boss can have a case if you’re, for example, selling products to your company’s clients on the side or using company time and resources for your personal business. Imagine a salesperson at a Nakuru hardware store secretly supplying the same materials to the store’s big contractors.
Your Contract is Your First Point of Reference
Before you panic, dig out your signed contract. Look for sections on exclusivity of service or moonlighting. Some contracts, especially for senior roles, may require you to get written permission before starting any other business. If your contract is silent on this, your employer’s argument is much weaker.
What To Do If Your Boss Confronts You
If your boss calls you in, don’t get defensive or admit fault immediately. Stay calm and listen to their specific concerns. Your goal is to understand if this is a warning or the start of a disciplinary process. Remember, in Kenya, you cannot be fired on the spot without due process.
Here are the steps you should consider taking:
- Request for a Formal Written Query: Politely ask for the allegations in writing. This gives you time to prepare a proper response and creates a paper trail.
- Check Your Company’s Disciplinary Policy: Most companies follow a procedure outlined in their HR manual or the Employment Act. This usually involves a hearing where you can defend yourself.
- Gather Your Evidence: Collect proof that your side hustle doesn’t interfere with your work. This could be your performance reviews, records showing you work on it outside office hours, or that it’s in a completely different industry.
- Know Your Rights on Final Pay: If termination happens, you are entitled to all your dues. This includes salary owed, accrued leave days, and, if applicable, one month’s notice pay or salary in lieu and any gratuity. Calculate this properly before accepting any payment.
Common Pitfalls That Can Make Your Situation Worse
Using Company Resources for Your Hustle
This is a surefire way to lose any argument. Never use your work laptop, company email, or office Wi-Fi for your side business. Even doing a quick transaction on your phone during a break can be used against you. Keep everything completely separate.
Bad-Mouthing Your Boss or Job Online
Venting on Facebook or Twitter about your “jealous” boss after a confrontation is a terrible idea. Screenshots can be used as evidence of insubordination or bringing the company into disrepute. Keep your frustrations offline and handle the matter professionally.
Assuming You Have No Rights Because You’re on Contract
Many contract workers think they can be dismissed for any reason. The Employment Act still protects you if you’ve worked continuously for a period. If your contract is terminated unfairly, you may still be entitled to compensation. Don’t just walk away silently.
Not Declaring Your Side Income to KRA
Thinking your hustle is too small to declare is a risk. If your boss finds out and reports you, or if it comes up in a dispute, you could face penalties from the Kenya Revenue Authority for tax evasion. It’s safer to register for a KRA PIN for your business and file returns, even if you pay little to no tax initially.
Where to Get Free Legal Advice and Support in Kenya
If things escalate and you feel your rights are being violated, you don’t have to face it alone or pay a fortune for a lawyer immediately. Kenya has several places where you can get initial guidance for little to no cost. Knowing these can save you thousands of shillings and a lot of stress.
Your first stop should be the Federation of Kenya Employers (FKE) or the Central Organization of Trade Unions (COTU), depending on your affiliation. They often offer advisory services to members. For direct government assistance, visit the Labour Office in your county. You can find your nearest one through the Ministry of Labour and Social Protection website. They can help with mediation.
For more serious cases, consider the Kenya Human Rights Commission (KHRC) or legal aid clinics run by universities like the University of Nairobi’s School of Law. They assist citizens whose labour rights are abused. Remember, gathering all your documents—contract, payslips, written warnings, and any communication about the issue—before you visit any of these offices will make the process much smoother.
The Bottom Line
Having a side hustle is not a crime, but how you manage it in relation to your main job is what matters. Your best protection is knowing your contract, The law, and handling any confrontation with a clear head and proper evidence.
If you’re facing this situation right now, take a deep breath and go find your signed employment contract. That document is your starting point for knowing exactly where you stand.
Frequently Asked Questions About My Boss Wants to Fire Me Because I Have a Side Hustle in Kenya
Can my boss fire me immediately if they find my side hustle online?
No, they cannot fire you on the spot. Kenyan law requires a fair disciplinary process. This includes a written query and a hearing where you can defend yourself before any termination decision is made.
Immediate dismissal is only for gross misconduct. Simply having a hustle, without proof it harms your work, rarely qualifies as gross misconduct.
What if my contract says “full-time exclusive service”? Does that ban all side hustles?
This clause is strong, but not an absolute ban. It means you must prioritise your main job. Your boss would still need to prove your hustle causes a conflict or reduces your performance at work.
To be safe, discuss your venture with them. Getting written permission, even reluctantly, can protect you from future accusations of secrecy.
How much does it cost to get a lawyer for a labour dispute in Kenya?
Initial consultations can range from KES 2,000 to KES 10,000. Full representation for a court case is much more expensive. Before hiring a private lawyer, exhaust free options like your nearest Labour Office or a legal aid clinic.
Many lawyers also offer a “no win, no fee” arrangement for clear-cut unfair dismissal cases, but this is not very common.
Can I record the meeting where my boss confronts me about my side job?
Be very careful. Secretly recording a conversation can be legally tricky. It’s better to insist on a formal meeting with a witness present, like an HR representative or a trusted colleague.
Immediately after the meeting, write down everything that was said, with dates and times, and email it to yourself to create a time-stamped record.
What happens if I resign before they fire me? Do I lose my benefits?
If you resign voluntarily, you typically forfeit claims like unfair dismissal compensation. You would only be entitled to your accrued salary and any unused leave days.
It’s often better to go through the disciplinary process. If the termination is later ruled unfair, you could be awarded up to 12 months’ salary in compensation by the Employment and Labour Relations Court.
