Although employers certainly are permitted to bar their employees from moonlighting or accepting outside employment, most employers do not prohibit their employees from working second or even third jobs.
However, prudent employers should adopt a policy that imposes reasonable restrictions on moonlighting or outside employment under certain circumstances.
For example:
- Outside employment should be prohibited if it would create a conflict of interest for the employee.
- Employers should require employees to discuss the outside employment with their immediate supervisor or some other member of management and disclose the nature of the outside employment, before accepting the outside job, to determine if the second job is compatible and consistent with the employer's interests and the employee's present and future career.
- Employees should be strictly prohibited from using the employer's computers, copiers, telephones, fax machines, courier services, or other equipment or services in performing outside employment or moonlighting work.
- Employees should be prohibited from working on assignments or projects for the outside employment while on the employer's time, property or business.
- Employees should be told that if the employee's job performance for the employer declines because of inefficiencies caused by a longer-than-normal work day or other factors related to the outside employment, the employee will be requested to terminate the other position.
An employer that adopts such reasonable policies on outside employment/moonlighting can generally avoid many of the problems that arise when employees work second jobs.
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