I have an employee who is moonlighting and doing the exact job he does for me for customers he has sourced at night and on weekends. I have asked him not to do this and he feels he has the right to do whatever he wishes to do on his own time. I don’t mind if he does other types of work, but not specifically the work he does for me. His offer letter did not specify either way so I do not have an offer letter to refer to in speaking to him. I provided him a letter which he will now take to a lawyer. Appreciate any guidance you can provide in his rights in this regard vs the employer rights in this area.
Your employee is dead wrong. Wrong, wrong, wrong, wrong! He does NOT have the right to do whatever he darn well wants away from work, not if he wants to keep his job with you. It’s called conflict of interest and it’s grounds for termination with cause–even if it’s not specified in a contract or employment offer.
Now I’m not telling you to fire the man, especially if he’s a valued employee. In fact, his going to a lawyer is probably the best thing that can happen. Any lawyer worth his or her salt will set this yoyo straight about conflict of interest.
Also want to be clear that my lack of love for what this guy is doing is NOT moonlighting per se but doing the same exact job as he’s doing for his ”daylight” employee. Moonlighting of any sort without permission makes it even worse.
Hope this helps and hope you can resolve this without wielding the axe.
Glenn Demby, 203 354-4532