One of the things I have always strived to do is provide value to my clients beyond our executive search services. I have a strong belief in building business relationships that are deep and wide. It serves both parties well – in good and in challenging times. I have helped clients develop sales strategies, brokered introductions with potential business partners, built compensation models and much much more over the years. I try to be a partner to my clients when they call on me. I also think my role is to be a good “listener” when they call - no strings attached.
Anyway - back to the topic at hand. I received a call last week from a client who sounded puzzled and somewhat distressed in his voice mail. He wanted my advice on a critical issue he was dealing with. I returned his call and he had a real doozy on his hands. And I mean a doozy!
He hired a sales person (we did not conduct the search) last summer for his BPO software company and explained to me that things got off to a great start as the “newbie’ engaged with the team. He quickly learned the value equation and began making sales calls. That was in the first 90 days. Then something felt different. Very different. This sales wonder-boy stopped showing up for meetings, refused to return calls from the sales VP and his activity level, as measured by his sales forecast, had all but dried up. In an effort to change his behavior, the sales VP put this individual on a 90-day performance plan to measure his activity and get him back on track. Seems fair – right? He put forth (a little) more effort – but not at the pace he had during his first 90 days. But something was wrong - very wrong.
He then learned (this is a small space), through a third party, that this wonder-boy had discovered a better way to earn money in this economy – get a second job! This genius was milking two companies for two paychecks – including my client!! What was he thinking? Big Love - look out we may have a new series for HBO on how to become a modern day career polygamist! Unbelievable! He confronted the employee and he refused to admit any guilt – but there was too much evidence at the scene of the crime.
Can you say B-U-S-T-E-D?
Question: What punishment fits this employee’s crime? Some suggest a full refund from the employee beginning on the date he accepted his second job. Others suggested contacting the other employer and blowing the whistle (loudly) on this guy. I say throw the book at him!
OK – let’s hear some feedback from HR professionals across the US. How would you handle this situation? Just curious…
I have seen some employment agreements that indicate the job is the person’s primary job. But I think regardless, the fact that the guy has two jobs isn’t the issue – it is his declining performance. If he had gotten a second job and maintained his sales levels, it is entirely possible people would celebrate his ability to juggle tasks and the company would appear to not be paying this hard-driving individual enough. I think the company must focus on the performance issues. If having a second job is a violation of his agreement, then they can pursue further action.
I don’t know that boy wonder isn’t doing anything new in the sales industry. I have talked with numerous sales professionals over the years that manage multiple lines/gigs with success on both fronts. (Having personally done it) I don’t know that it is any different than some corporate staffing professionals “moonlighting” as independent consultants.
However if performance declines, productivity falls and he is not generating revenue…He is a sales person, can his tail. I would do so second job or not.
I totally agree that it’s not about the second job (unless he’s signed an agreement that prohibits him from taking one) but about the decrease in performance.
Who knows, he may be performing well for the other company, and they may be glad to have him fulltime. He obviously does not enjoy the work he is doing for your client. I would also fire him for lack of performance, immediately. Forget the 90 day plan.
I might be tempted to let the other employer know, if I knew someone personally.
Another thought – was the company keeping him engaged as an employee? If he was doing as well as they say in the first 90 days, what made him stray elsewhere? It’s a bit like a marriage, the employer and employee. I do agree that this isn’t the first time this has been done, it is just shocking when the person gets caught because they are not doing either job well enough not to keep them. The good news, next time hopefully the client will turn to you to make the placement so that you can keep tabs on something like this by continuing to touch base with the employee after he is hired.
I agree with most of the comments above that this is all about performance and not about a second job. I don’t care what people do on their time as they are performing their duties well. The issue for me with this specific situation is if I’m paying this guy a salary plus commissions then I would set a strict schedule for hours in the day that I expect him to be working for me. If he didn’t show up for work or was doing other work during those hours it’s a performance issue.
Same thing if someone is doing something illegal in their off time. They got caught and go to jail thus not showing up for work and that’s a performance issue.
It’s all about performance.
I will agree with everyone that it’s not the second job, it’s the performance. Everyone can have second job, unless the company has a strict guideline on “moonlighting.” If their performance is slipping because of this, then dump him, plain and simple. It’s simply about results.
I know of someone that was placed by a recruiter into a new job, and instead of leaving his old job he took vacation time. Tried out the new job for 2 weeks, decided it wasn’t for him, and went back to his old job with 2 weeks of double paychecks.
Old job found out… then had no paychecks. Not a good move.
Regarding your story: Moonlighting isn’t illegal, but you owe 100% effort in both situations or you’re vulnerable.
I ask for great feedback and that is exactly what I get! Great stuff! I do agree that in many ways it is a performance issue. On the other hand this guy mislead employer # 1 and #2. Double dipping for the sake of extra cash flow at the expense two employers who both thought they had a full time dedicated resource is just plain wrong. I understand that what he did may noy be illegal – but I still wonder if employer #1 has a case to get his payroll $$ back? He is furious and wants to take this guy to the mat!
I’m pretty sure there’s nothing he can do, unless the second job somehow financially harmed the first company (stealing clients or shifting business). Judges pretty much always side with the employee on the theory that the company can’t afford it, and suing actually opens you up to countersuits.
You can’t even report the guy in public, as you’re opening yourself up to defamation and interference with his right to earn a living (or two).
Jim:
Thanks and thanks to everyone who posted a comment. This situation, while maybe uncommeon for a sales guy brings up many issues for my client. It’s amazing how this guy treated both employers (it’s just wrong). He called the guy yesterday and terminated his employment for non-performance. That was probably the best way to close this ugly chapter…
Seriously if the company didn’t have a non compete agreement in place and the other sales position didn’t included the sale of similar software – other than non performance what can you really get this guy on? Everyone has a right to work as many jobs as necessary to support their family or lifestyle unless of course he was advised from the start that it was not allowed. I come from a long line of holding 3 jobs at one time myself. None of course in the same line of business. I think if he could have performed then they wouldn’t have an issue.
Kelly:
Had he performed, showed up for meetings and been more responsive – he had the potential to ride this “double dip” train for a long long time. He failed to show up, was not responsive and eventually they they found out he had another gig! You are absolutely correct that if he had performed (and never found out) – this would all be a non-issue in their eyes.