Off-Duty Conduct and “Moonlighting”
#18 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.
Employee Name: Jacqueline Lamour Department: Engineering
Date Presented: May 15, 2010 Supervisor: John 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
Prior Notifications
Level of Discipline Date Subject
Verbal ___________ __________________________________________
Written ___________ __________________________________________
Final Written ___________ __________________________________________
Policy and Procedure Violations
Incident Description and Supporting Details: Include the following information: Time,
Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
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 employ-
ment 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
Because your outside position has transgressed this policy, you have violated company stan-
dards of performance and conduct.
Performance Improvement Plan
1. Measurable/Tangible Improvement Goals: Jacqueline, 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 position, I expect you to report to work
in the proper physical and mental condition. I expect you 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.
2. Training or Special Direction to Be Provided: I am attaching a copy of our “Off-
Duty Conduct” 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.

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