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
