The short answer is that, on its own, this is unlikely to be enough to justify a termination for cause.
Whether an employee can engage in outside employment while on a stress leave depends on the specific circumstances. In some cases, working elsewhere during a medical leave may be consistent with the employee’s medical restrictions. However, if the outside work is inconsistent with the reason for the leave, or if the employee misrepresented their ability to work, it may raise legitimate concerns and warrant further investigation.
In this situation, several additional facts would need to be considered before determining whether discipline—or termination—is appropriate. For example:
-What were the employee’s medical restrictions while on leave?
-Was the mobile mechanic work similar in nature and physical demands to their regular duties?
-Did the employee have approval or disclose the outside employment, if required under company policy?
-Was there any conflict of interest, competition with your business, or misuse of confidential information or company resources?
-Is there evidence that the employee was capable of performing their regular job while claiming to be unable to work?
In most cases, an employer should conduct a thorough investigation before making any disciplinary decision. If the evidence demonstrates dishonesty, fraud, or a significant breach of the employment relationship, termination for cause may be considered. However, the legal threshold for just cause is high, and employers should proceed cautiously.
I hope this helps, let me know if you have any more questions.
-HRInsider Staff
