Side Work

[rich000]

I think I know how most people feel about side work on this forum.

My question is this, if an employee carries his own license, insurance, vehicle, own advertising, etc. for a side business, is that considered side work?

Please don't reply with: "Why don't you start your own business?" This would be if you are just starting up.

Thanks.

 

[jrannis]

Then you are a contractor and your day job boss is the side job

 

[iwire]

There is no 'correct' answer here.

My personal answer is the job that you need and / or care about the most is 'your job' any others are the 'side jobs'

 

[rich000]

Sorry, let me clarify. If the company states "no side work" in its policy, then would consider it a violation?

 

[jrannis]

Sorry, let me clarify. If the company states "no side work" in its policy, then would consider it a violation?

If you are a contractor then how can you moonlight?
You are legitimate.
Are you then a competitor?

 

[bradleyelectric]

Sorry, let me clarify. If the company states "no side work" in its policy, then would consider it a violation?

yes .

 

[iwire]

Sorry, let me clarify. If the company states "no side work" in its policy, then would consider it a violation?

Yes I would.

But I would not have agreed to that policy to begin with, I would likely ignore it and if they decided to fire me so be it.

My time is my time, when I am on their clock I will do what they say, when I am on my clock I do wha I want.

 

[growler]

Sorry, let me clarify. If the company states "no side work" in its policy, then would consider it a violation?

It's really hard for a company to say that you can't do side work because many people have a second job.

I have to guess at this but I would think that "no side work" means no direct competition for the type of work they do. Normally a "no competition" clause states a certain geographic area and a certain type of work.

I would check with the people that you work for and see if they consider the business venture you are thinking of to be in direct competition with them and the opportuntity for you to seal customers.

 

[mcclary's electrical]

Sorry, let me clarify. If the company states "no side work" in its policy, then would consider it a violation?

Unless you signed an actual "non-compete" when you got hired, the rest is just mumbo jumbo. Do what you want when you get off. Just make sure you are legal in your business, or they can stop you that way, then fire you. You won't have either.

 

[Cavie]

I think I know how most people feel about side work on this forum.

My question is this, if an employee carries his own license, insurance, vehicle, own advertising, etc. for a side business, is that considered side work?

Please don't reply with: "Why don't you start your own business?" This would be if you are just starting up.

Thanks.

Let's assume you own a business and your employee's have all the stuff to be leagle. Customer ask's for a price to do xyz. Employee say's "I can do it on Saturday for ABC". Would you allow side work??

 

[iwire]

Let's assume you own a business and your employee's have all the stuff to be legal. Customer asks for a price to do xyz. Employee say's "I can do it on Saturday for ABC". Would you allow side work??

I don't think an employer can legally prohibit free enterprise without the employee signing a contract with that issue covered in detail.

Personlly I think biting the hand that feeds me is both a bad move and low class but I do not think it is against the law.

 

[growler]

My time is my time, when I am on their clock I will do what they say, when I am on my clock I do wha I want.

I agree that a person's own time should be theirs to do with as they please but I also think it would be hard for a person running a service contracting business to work for another service contracting business without a conflict of interest there somewhere.

The very minute he even mentions to a customer that he runs a seperate business or passes out the first business card or takes the first private business phone call on company time there would be a conflict of interest.

Would you want to pay a man to run his business while he is on the clock for your company? If you are not carefull the employee gets more interested in his business than your business and is still on the payroll.

 

[goldstar]

The problem with so called side work, from an employer's point of view, is the presumption that sooner or later you (the employee) is more than likely going to use some of the employer's material (be it wire nuts, screws, wire, etc.) or contract or negotiate for your own business interests on the employer's time. It seems kind of wierd that a licensed electrician would be a full time employee of another licensed electrical contractor. On the other hand, if you are a sub-contractor or a casual labor type employee I see no problem with that. In that case you would probably have a closer personal relationship with the employer and you carry your own liability and workers' compensation insurance. I, like Bob (iwire) wouldn't agree to signing an agreement barring me from doing my own work. However, I would sign an agreement not to contract any business with any of his customers.

From an employee's point of view, you knew I was a licensed electrical contractor with my own tools and truck to begin with. If you didn't want me to do side work why did you hire me ?

 

[growler]

Personlly I think biting the hand that feeds me is both a bad move and low class but I do not think it is against the law.

In a "right to work" state an employee can be dismissed for any or no reason. A conflict of interest would be with cause. If a guy is running a seperate business he can't even collect unemployment.

It's not against the law but would be a violation of company policy. Reason for termination, Services no longer needed.

Bob I have been terminated for refusing to work a crew of men to death. They didn't exactly state it that way but that's what it was all about.

 

[iwire]

In a "right to work" state an employee can be dismissed for any or no reason. A conflict of interest would be with cause. If a guy is running a separate business he can't even collect unemployment.

It's not against the law but would be a violation of company policy. Reason for termination, Services no longer needed.

Your assuming there is a policy.

Bob I have been terminated for refusing to work a crew of men to death. They didn't exactly state it that way but that's what it was all about.

Here we have to be very careful how people are fired, we need a paper trail that shows that there are rules in place, the rules are applied equally, the employees know about the rules, that warnings have been given out before termination and on and on.

'Wrongful termination' suits are expensive to defend even when you win. That might not be an issue for small shops but it has been for the large shops I have worked for.

Again, personally I have never tried to take work from my employers even when I used to side job I would find that work through friends outside of work.

 

[jrannis]

Let's assume you own a business and your employee's have all the stuff to be leagle. Customer ask's for a price to do xyz. Employee say's "I can do it on Saturday for ABC". Would you allow side work??

Then, you are stealing a customer.
If your customer base is seperate from your day job, and you know the difference, you should not be a problem to them.

 

[nakulak]

as others have said (in so many words), the legitamacy of what you should do (as opposed to what you can do - which is pretty much anything), revolves around the ethics of:
1) are you stealing work from your employer
2) are you stealing material from your employer.

2 is the lowest form, but 1 (in my mind) is the really ethical question, and the transparancy of what you are doing can also set you apart from bottom feeders, since it is most polite to simply tell your boss what you are doing. Although some might consider this to be foolish, if your intent is to grow your business, you and your employer could actually benefit from the arrangement rather than mutually self destruct your ties. For example, if you were to concentrate on a type of work that your employer regularly shuns, you and your employer have several options should your business grow:
- you could start a new division with a more lucrative result for you and your employer
- you could subcontract and while making more money, your former employer could still use you when needed and make a profit off of your work (and you could refer other work that you might not be interested in back to your employer).

Of course, a lot (most) employer/employee relationships would not turn out as indicated above, due to the shortsightedness, greed, stupidity, etc. of displayed by most folks; nevertheless, if you are fortunate to work for a savvy employer, and you yourself have the intestinal fortitude to take the high road, it remains in the realm of real possibility, and you would not be the first to take this road and make it a win-win instead of a dog-eat-dog situation.

 

[hardworkingstiff]

If we paid a wage high enough (and had enough hours worked), I bet employees wouldn't want to do side work. I bet most side work is performed for needed extra money. That's why I used to do it, not because I wanted to start a business.

 

[satcom]

If guys are doing side work, I can't see a problem if they have all the licenses, permits, and required insurances in place.

 

[infinity]

If guys are doing side work, I can't see a problem if they have all the licenses, permits, and required insurances in place.

Even if they're competing with the contractor that they work for? Certainly a trunk slammer with a license can do the job for less that his boss who has lot's of overhead costs.