Worker Planning To Break Employers' Rules Praised: 'Accept the Punishment'

A Mumsnet user who is struggling financially has asked if they are being unreasonable by not telling their employer they want to seek a second job.

In the post, Charliesunnysky10 explains that their 9 to 5 office job pays minimum wage, and they are getting further into debt, with various large expenses recently. The user writes that they want to work in the evenings to get out of debt, "so I'm not home worrying, and a job with these hours seemed the perfect solution."

According to the Federal Reserve Bank of New York's Household Debt and Credit report, the average American has $59,580 worth of debt across mortgage, loans, home equity lines of credit, auto loans, credit card debt, student load debt and other debts like personal loans.

According to the Mumsnet user, their employer rejected a previous request to take on a second job "because it may impact on my ability to do my day job." They explain that their financial situation is affecting their mental health.

"I spend hours in the evening with no money to go out and wishing I could put these hours to good use," they wrote, adding that they have been offered a job at their friend's bar and the manager is now asking for reference contacts.

Despite describing themselves as "not deceitful by nature," the user also explained that they are "angry that I'm not allowed to get out of debt." They explained that they need a reference for their second job but want to keep it secret from their current employer, "and if they ever found out I'd have to proved I can do both roles, and I will accept the punishment."

Newsweek spoke to Carlos Ledo, assistant general counsel and senior HR consultant at Engage PEO, about the increasingly common situation.

"As the purchasing power of the average American worker continues to erode, many individuals are turning to second jobs," he said. "However, some companies have adopted 'moonlighting' policies that makes holding a second job an offense that can result in disciplinary action against an employee, including termination.

"Employers are legally able to institute moonlighting policies in most jurisdictions, so long as they comply with federal, state, and local labor laws. Additionally, employers located in At-Will employment states have more legal flexibility to institute and execute such policies.

"However, various states have instituted 'lawful conduct statutes,' which limit an employer's ability to take disciplinary action against workers for activities they engage in outside of working hours. Thus, employers should be careful when crafting a moonlighting policy to ensure compliance with all applicable laws.

"A better way for employers to approach moonlighting is to address employee behaviors they wish to avoid that may arise due to workers holding second jobs. Instead of strictly restricting second jobs, companies should consider policies related to conflicts of interest, non-solicitation, confidentiality, time and attendance. Additionally, employers can continue to hold staff members accountable to established organizational performance standards.

"Ultimately, employees should consult their employee handbook and/or their manager before taking a second job to ensure they are not jeopardizing their primary employment."

On Mumsnet, 89 percent of users voted the poster was not being unreasonable. One user said: "While I agree it's unfair you can't take another job and can't see why the bar work would impact your main work if its in your contract you do need to be cautious."

Another user warned: "I totally get your frustration at the debt but, if you take the bar job as well without telling the day job, what will you do if the day boss walks in?"

Newsweek was not able to verify the details of the case.

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