Employee moonlighting is an age old paradigm within the workplace. It has been generally accepted as common place for employees seeking additional income opportunities, acquiring further knowledge, skills, and abilities (KSA) (in/out of industry), and for potential career, industry, or educational track changes. Regardless of the motivations, there should be significant consideration of the pros and cons by both employer and employee before “moonlighting” into the sunset.
Employers should consider their policies specifically addressing moonlighting and their rationale supporting them. The employer’s fear that work performance of a moonlighting employee could become adversely affected, that the staff member will be recruited by the secondary organization, that the employee might pick up “undesirable” habits of another company, or trade secrets could be exposed to their competitor(s) are all valid. On the other hand, could a team member accessing additional KSAs and work culture experiences prove to benefit the individual or collective work performance? Are the risks in losing (or gaining) a skilled team member via a moonlighting paradigm worth all the unknowns? It would be prudent to discuss this topic with your practice ownership and counsel to determine a policy that makes the best of balancing risk and reward, while upholding the values and principles of the organization.
Employees should consider the “value to risk ratio” when they contemplate exercising a moonlighting option. One should ask themselves if they are able to successfully uphold their commitments to multiple employers while maintaining respectable work performance levels and a functional work/life balance ratio. Moreover, employees must understand the policies of their employers regarding moonlighting, why they are in place, what they serve to protect for both employer and employee, and how the employee can work within them to pursue a favorable outcome for all parties.
Given that our practice teams are among our most valuable, coveted, and often most protected resources, it would behoove employee and employer to communicate clearly and transparently regarding their goals and intentions relating to moonlighting. During these discussions, it often befalls the employer, who has given this topic its due consideration, to mentor, council and educate the employee on the myriad aspects that they likely have not adequately considered. In so doing, they continue to invest in the employee with the hopes of reaping additional reward from that investment.
Certain scenarios can benefit both parties while others can flirt dangerously with the risk of fallout - potentially bringing negative consequences to all. Carefully consider all the factors involved in a moonlighting situation and in so doing remove all areas of ambiguity. Clear policies with clear expectations on both sides are the key to successfully navigating this situation.