ethics
When Moonlighting
Conflicts with Your Day Job
COULD IT BE CAUSE FOR DISCIPLINE OR DISMISSAL?
Close to one million Canadians have more than one job, often
referred to as moonlighting. There are numerous, reputable
reasons for moonlighting, including the greater number of
part-time and contract jobs being created, the need to make
extra money to pay bills and the simple desire of individuals to capitalize
on opportunities presented to them.
Employment isn’t indentured servitude; an employer cannot dictate
how employees spend their time off. But can moonlighting be
cause for discipline or even dismissal from a day job?
Take, for example, the office worker who struggles to complete
his or her tasks, makes mistakes or doesn’t come to work on time
due to late nights at a second job. This individual risks disciplinary
measures, not simply because they have the other job, but because
their performance at the day job is compromised. Phone calls,
emails and other activities that workers engage in to further an outside
job while on the clock at their day job decreases productivity,
and results in “time theft” from the employer.
Competing with your employer by way of your outside activities
can also be grounds for discipline, termination and even legal
action in some cases. A computer technician who offers to provide
certain services to a client of their employer outside of work hours,
“for cash,” is taking revenue away from their employer and is likely
using tools or know-how acquired through their day job for personal
benefit. Even when there is no direct loss of revenue to the
employer, engaging in such behaviour can be risky.
For example, a homeowner sees a city maintenance crew trimming
trees on his street, and approaches the crew to ask them if
they can assist him with a dead tree on his property. They agree to
return when their shift is over and use the city’s equipment to remove
the tree for a cash payment. Apart from potential insurance
issues to the workers and the homeowner, the use of publicly owned
equipment for personal gain is problematic, and would likely result
in negative consequences to the entrepreneurial tree removers.
It would be a mistake to believe that these moonlighting dilemmas
are reserved to low- and mid-level employees. Senior
employees have great access to contacts and resources, but can also
find themselves in an uncomfortable spotlight if they use those contacts
for personal gain. CBC journalist Evan Solomon was able to
By Susan Hodkinson
oasis15/shutterstock.com
HRPATODAY.CA ❚ OCTOBER 2015 ❚ 47