#24 Off-Duty Conduct and “Moonlighting”
Company electrician works three nights a week for an outside contractor; she reports to work tired, is limited in her ability to work overtime, and makes follow-up phone calls for her side business while in the primary employer’s office.
PERFORMANCE CORRECTION NOTICE
Employee Name: Jacqueline Lawrence |
Department: Engineering |
Date Presented: May 15, 2017 |
Supervisor: Jack Gregory |
DISCIPLINARY LEVEL
Verbal Correction—(To memorialize the conversation.)
Written Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)
Investigatory Leave—(Include length of time and nature of review.)
Final Written Warning
Without decision-making leave
With decision-making leave (Attach memo of instructions.)
With unpaid suspension
SUBJECT:Off-duty conduct/moonlighting affecting your performance
Policy/Procedure Violation
Performance Transgression
Behavior/Conduct Infraction
Absenteeism/Tardiness
PRIOR NOTIFICATIONS
Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
Jacqueline,
It has recently come to my attention that you are working three nights a week for our contracting service, Vanguard Electrical. Specifically, you work Monday, Tuesday, and Thursday nights from 6:00 P.M. to 12:30 A.M. As a result, you have appeared at work tired and unfocused on the days following your late-night side job. In addition, you have been unable to perform overtime when I have asked you to volunteer over the past month. Although I have not made overtime mandatory to this point, it will be mandatory for the next month as we prepare for our upcoming summer company reunion. Finally, I audited your telephone bills for the past two months and found that a significant number of calls—up to thirty per month—were placed to Vanguard Electrical or to customers of Vanguard Electrical.
Our company’s policy on outside employment is stated this way in the employee handbook:
While employed at our firm, employees are expected to devote their energies to their jobs. For this reason, second jobs are strongly discouraged. Strictly prohibited is outside employment that:
• Conflicts with an employee’s work schedule, duties, and responsibilities
• Impairs or has a detrimental effect on the employee’s work performance
• Requires the employee to conduct outside work or related activities on company property during the employer’s working hours or using the employer’s facilities and/or equipment
When asked about this, you stated that you limited all calls to your lunch periods and breaks. However, your current outside employment is interfering with our organization’s legitimate business interests in violation of our policy.
PERFORMANCE IMPROVEMENT PLAN
1. Measurable/Tangible Improvement Goals: Jacque, while our company doesn’t seek to interfere with the off-duty and personal conduct of its employees, your current activities are interfering with our organization’s legitimate business interests. Although I will not mandate that you give up your nighttime work with our vendor, you will very likely need to change your schedule immediately so that you will no longer violate our policy. I expect you to report to work in the proper physical and mental condition to perform your job. I expect you and your coworkers to be available for overtime at all times, whether planned in advance or scheduled the same day. And I expect you never again to conduct outside business on company time, on company premises, or using company equipment like telephones, faxes, or computers. You have indicated your agreement to follow these requirements going forward, and for that reason we are not terminating your employment or issuing you a final written warning.
2. Training or Special Direction to Be Provided: I am attaching a copy of our Outside Employment policy with this memo. I expect you to abide by its rules at all times. Please pay special attention to the sections on Prohibited Employment and Remedial Action. See me if you have any questions regarding the policy.
3. Interim Performance Evaluation Necessary? No
4. Our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary. A booklet regarding the EAP’s services is available from Human Resources.
5. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:
(Attach additional sheets if needed.)
OUTCOMES AND CONSEQUENCES
Positive: I will remain available to help you and discuss areas where you require additional support. If you meet your performance goals, no further disciplinary action will be taken regarding this issue. In addition, I believe that you will gain greater job satisfaction by focusing on one position, reporting to work in fit condition, and relieving the stress that comes with performing outside work on company time. You will also increase your earning potential by working overtime here, which will be paid at time-and-a-half under certain circumstances.5
Negative: You are now formally notified that if you again report to work in a tired or unfit condition, or if your work suffers because of improper judgment or careless errors, disciplinary action up to and including dismissal may occur. Similarly, if you make even one more phone call, fax, or computer entry dealing with your outside business, you will be subject to immediate dismissal. A copy of this document will be placed in your personnel file.
Scheduled Review Date: None
EMPLOYEE COMMENTS AND/OR REBUTTAL
EMPLOYEE ACKNOWLEDGMENT GOES HERE
5 The time-and-a-half payment for overtime depends on the state that you reside in. In most states, overtime is governed by a weekly threshold of forty hours. (If the employee works over forty hours in a workweek, all hours over forty are paid at time-and-a-half.) In certain states, overtime is governed by a daily threshold of eight hours in addition to the weekly threshold. (If the employee works over eight hours in a day, regardless of the number of weekly hours worked, she will be entitled to overtime for all hours worked in excess of eight.)