Companies can respond by updating their policies on employee moonlighting and use of intellectual property. Moonlighting laws differ by state, so companies should consult with their HR before updating their own policies on how and when employees can accept additional employment.
It is crucial for organizations to be consistent in how they apply, communicate and document their policies on employee moonlighting. Overlooking one employee’s transgressions while issuing disciplinary action against another could lead to a legitimate legal claim.
Conflicts of interest can arise when moonlighting, as it can be seen as a potential conflict between an employee’s current employer and a potential second job. When an employee moonlights, it is possible for them to use their current employer’s resources, such as computers and office supplies, for side work. If an employee is working at a job that could compete with the primary employer’s interests, this could create a conflict of interest for the primary employer. Additionally, the employee may feel pressure to choose the side work over the primary job and impede their ability to focus on the primary job's tasks.
Furthermore, it can be difficult for an employer to discern whether an employee is moonlighting, meaning they have the potential to be working more hours than agreed to as part of their primary contract. Such actions could impact attendance and productivity, and could lead to disciplinary action or even dismissal. Need help?
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