moonlighting (employee with a side job)

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update

I spoke to him on Friday, said It had come to my attention that he was working side jobs, I asked him if he knew that, doing so was against company policy and why he felt it was necessary to work these other jobs?

His response was, yes he knows it was against company policy to compete with the company, but he did not feel he was competing with the company with his side jobs. We discussed a few of his jobs and I agreed that for the most part that these jobs did not compete with me ad agreed that I was fine with him doing these other job as long as they did not complete with me and if did not effect his performance at work.

I then talked to him about equipment usage and ho I saw it as theft of the equipment, the seemed to be quite sorry, said he could not afford equipment, at which point I told him if you can’t afford the equipment then you should not being the work. I am not sure if he agreed with me as all he kept saying is I am not using the equipment on the weekends. I told him that he had broken company policy and that he was suspended for 3 day and the next time he used company equipment without permission I would have to let him go, figured it was a good week to do it as three days gives him the whole week off (since I don’t work turkey day or the Friday after) it will give him a week to cool his heels and either come back to work and work within my rules or find another job.


Thank you for all your input; it was nice to see his point of view and the point of view of other owners.

To reply to some of the points raised:

I don’t think his was work extra jobs to put food on the table, I pay my employees fairly to better then most companies, one of the reason most of my employees don’t leave. He likes his toys (ATV, Snowmobiles, Cars, etc) that is why he does the extra work.

The whole I should pay him off (give him a raise so he stops work other jobs) just seems wrong why should I reward bad behavior and what message does that send to other employees. The other side of tell him he owes me a cut of the work also does not seem fair to me, in fact if my boss would have said that to me I would have said FU and I quit..

I really don’t think he is planning to start his own company as he has no real equipment of his own, he has no insurance, and he really is doing small jobs.

Thanks again I’ll post another update once he come back from his suspension
 
JUDGE1162 said:
I spoke to him on Friday, said It had come to my attention that he was working side jobs, I asked him if he knew that, doing so was against company policy and why he felt it was necessary to work these other jobs?

His response was, yes he knows it was against company policy to compete with the company, but he did not feel he was competing with the company with his side jobs. We discussed a few of his jobs and I agreed that for the most part that these jobs did not compete with me ad agreed that I was fine with him doing these other job as long as they did not complete with me and if did not effect his performance at work.

I then talked to him about equipment usage and ho I saw it as theft of the equipment, the seemed to be quite sorry, said he could not afford equipment, at which point I told him if you can’t afford the equipment then you should not being the work. I am not sure if he agreed with me as all he kept saying is I am not using the equipment on the weekends. I told him that he had broken company policy and that he was suspended for 3 day and the next time he used company equipment without permission I would have to let him go, figured it was a good week to do it as three days gives him the whole week off (since I don’t work turkey day or the Friday after) it will give him a week to cool his heels and either come back to work and work within my rules or find another job.


Thank you for all your input; it was nice to see his point of view and the point of view of other owners.

To reply to some of the points raised:

I don’t think his was work extra jobs to put food on the table, I pay my employees fairly to better then most companies, one of the reason most of my employees don’t leave. He likes his toys (ATV, Snowmobiles, Cars, etc) that is why he does the extra work.

The whole I should pay him off (give him a raise so he stops work other jobs) just seems wrong why should I reward bad behavior and what message does that send to other employees. The other side of tell him he owes me a cut of the work also does not seem fair to me, in fact if my boss would have said that to me I would have said FU and I quit..

I really don’t think he is planning to start his own company as he has no real equipment of his own, he has no insurance, and he really is doing small jobs.

Thanks again I’ll post another update once he come back from his suspension
hope it works out, another good one to throw to this guy is the small jobs you dont want, that way he is on the side but he wont do anything stoopid
 
Theft? having a bit of an issue with calling what the OP's employee did with the saw "theft".

You can call it "theft" when someone deliberately takes your chainsaw (or equipment) and does'nt return it (pawns it, sells it from home etc), but i'd hardly call borrowing the saw for a weekend job "theft", because he is returning the saw every time.

HOWEVER.....

I would call it MISUSE of company equipment and discipline him accordingly, but "theft" is a more serious accusation, best used when your saw ends up in a pawn shop. And if your going to use the "theft" label, there should be a termination, and a police report as well. Your guy in question did return the saw after he was done using it, thats not theft. (misuse, violation of policy, yes, but not theft)

just saying.....

:cool:
 
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How'd it go ? The guy quit or is he happy now and all is well? I hope it worked out well for all .
 
Everythig seems to be good, he came back to work, still doing a good job. We will see if it stays that way but so far so good.
 
I think you handled it very well, and a lot of the advice was spot on. The only thing you left off that you should have done was written it all down, provided him a copy, and have him sign a copy you keep. That would back up any problem in the future and have covered you against him coming after you for unlarful termination, or if he got hurt or caused harm with your equipment, you dont want joe home owner coming after you as well.

Yes, lawyers suck.
 
I have a few questions to ask.

Ok so how is it he has your saws? Does he drive a company truck?
or is he just a super nice guy and hauls your dirty oily chainsaws and other tools in his personal vehicle?
I was an employee for 11 years with the same company. Not doing tree work. but general construction.I felt and told em that if I had to haul company tools around I was going to treat them like mine. and use them whenever I felt the need.
Now I own my own window sales and installation company, and just have one employee. I haul all the tools he just shows up with his hammer and prybar.
I haul all the tools in my 14 foot box truck.
But when I was with The acoustic company, they seemed to think an employee should haul their tools around for free.. and trust me a lot of side jobs were completed using their lasers and stilts and such.,But when you think about it.. How would the company manage to have tools delivered to every little small job that the company picked up?
So letting the guys use the tools on side jobs is just part of the convenience of having the employee keeping the tools in their personal truck.
Ok back to the point. If you do not wish for employees to use your tools after hours. You should be at the job at the end of the workday to collect all the equipment, and show up by start time the following day with the equipment, all sharpened up lubed up and filled up with fuel ready to go.Just my 2 cents
 
It sounds like there is some opportunity there for you and your employees to make more money. If you have people willing to work and there is work that can be done you should consider expanding your hours.

I would offer a comission on all work that your employess bring in. Offer overtime to anyone that wants to work evenings/ weekends or when ever, within reason. That could put a lot more money in your pocket without forcing anyone to do anything they don't want to.
 
Take a stand

I cant really think of any reasons that allowing an employee to do side jobs is beneficial. You can bet they are getting the jobs through YOUR advertsing, even if its just the shirt with your companies name on it, or his family-because they still ask him because he is a tree worker-and he is YOUR tree worker in that regard.

If he is willing to bring in other jobs, and wants to work the extra hours, that is a good thing. Have him bring the job to the company, give him a bonus for getting you the work if thats the case, and pay him overtime to do the job. He is happy, and you are happy.

No way will I ever allow a person to take my investment, my advertising and use it to make money with out a return for me. I was finding my ex-employee was underbidding what I would have bid on a job- of course he could since he had no overhead at all!

If he has your equipment, and puts a tree on a house, you better be sure that you will be sued for the damages. This information comes from the insurance industry. Just some thoughts, remember you are in business to make money, not be a charity sourse for your employees. I am good to my employees, and I expect the same in return.
 
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