We just discovered that one of our full-time employees (9 a.m.-5 p.m., Monday-Friday) has been working another full-time job. The job isn’t for a competitor, but we are concerned that working 80 hours a week will reduce the employee’s ability to do his job. Can we require employees only to have one full-time job? We do have sympathy for the high cost of living, and no, we can’t afford to pay more.
To ready my answer, click here: Can Someone Work Two Full-Time Jobs?
I find the answer interesting, but perhaps the question itself even more so. Are we asking this question because we are truly concerned about someone’s second job interfering with the performance of their first job? Or does this question stem from a perceived sense of inequity (i.e. why should someone make double income when I only have the time and bandwidth to make one?). After all, we are not asking this of parents who decide to have another child, knowing that their parenting duties will cause as much or more “work” and exhaustion as two, three or four full time jobs. We don’t question someone’s choice to spend their free time (even if tantamount to another full-time job) at their church of choice being an usher, or deacon, or Sunday school teacher. Nor do we castigate someone who spends their free time ushering their kids to and fro band, ballet, and base ball practices or serving on the PTA and leader of the cookie bake. In all of these instances – including the first one – the remedy for non-performance is readily available and should be the same – a performance improvement plan. Otherwise, what someone does in their free time is just that – theirs. Irrespective if there is money involved or not.
Two comments on your reply:
First, I’d like to reinforce your remark about compensation. While it’s unlikely the LW is only paying 50% of the going rate, this would be a good time to calibrate the company pay rates. Whether the LW and Co. can “afford” fair compensation is no more compelling an argument to me than an employee asking for a raise because they to “need” more money. This isn’t a kindergarten playground. Compensation should be fair on both sides.
Second, I’d say that the true issue his isn’t what the employee does while he’s not on the LW’s clock — whether it’s moonlighting, making OnlyFans content, or volunteering at his church — as long as it doesn’t bring the LW and Co. into disrepute. Rather, is he doing his job? If he is, his second job is none of the LW’s beeswax. If he isn’t, the LW should manage the situation as she’d manage any performance problem; hold him to the same standards of work quality and quantity as his peers. I don’t think a labor adjudicator, especially in California, would support the LW sticking her nose into the employee’s personal time as a stand-alone concern — because it’s not the real concern.
The article begins, “We just discovered that one of our full-time employees (9 a.m.-5 p.m., Monday-Friday) has been working another full-time job.”
The first question that immediately came to mind, before reading the rest of the article, was, how did this discovery come about?
Was it because the employee was not doing an adequate job, was not meeting expectations, and an interview with the employee revealed the second job?
Or was it by some other means?
If it was because of expectations / requirements not being met, then address that issue, and only that issue, and let the employee and their manager figure out how to resolve it.
If it was by some other means (and thus the employee was doing an acceptable job), then what difference does it make to this employer what the employee is doing while “off the clock”?