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It just never ends...
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It just never ends...
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have a Regional Vice President working for us and has been for about two years. It came to my attention the other day, that he is written up online for another company as the CEO. Are we within our
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It just never ends...
posted at 8/17/2009 11:11 AM EDT
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
We have a Regional Vice President working for us and has been for about two years. It came to my attention the other day, that he is written up online for another company as the CEO. Are we within our legal rights to question him as to his intentions with this other company, how much time he spends with that other company in his capacity as opposed to working here etc. Personally, I say let him go, but, on the other hand, maybe it's a start up company where not that much time is needed. But, being a CEO, I can't imagine it being a part time position. thanks for your input |
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It just never ends...
posted at 8/17/2009 11:32 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
I think you first need to find out if the company he's CEO of is still in existence. Webpages do have a shelf life and often a long one. And I assume that you are 100% sure that this is in fact your RVP, not just someone with the same name.
Do you have written employment agreements that address concurrent employment outside what you're paying him for? Is the other company a competitor to some degree? Has this RVP ever disclosed his outside employment to anyone in the company previously? |
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It just never ends...
posted at 8/17/2009 12:20 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Nork makes valid points. The first place to start is with any current agreements or policy within your company restricting employees from second jobs. Further, what non-compete or intellectual property agreements do you have in place? The existence of these agreements will guide your next steps. Also, as Nork points out, are you certain this is your employee? If I run a google search on my name I am a former NY Giant, myself, a Doctor, own an insurance company and a couple others; fortunately all socially acceptable. Don Herrmann |
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It just never ends...
posted at 8/19/2009 10:51 AM EDT
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
His picture was on the website-as far as handbook policy-referencesto placing oneself in a position in which personal interests and those of our company are/ or appear to be in conflict or migh interfere with the ability to perform the job as well as possible. also one which does specify engaging in outside employment detrimental to company's interest or work that is competative or in conflict with Company's interest. It is also requested that employment outside the company be reported to the employee's supervisor. We do have employees sign a non-compete, but, I think there is a technicality as to the other job's similarity to what our company does. the problem is, that in his position in both companies, how can he justify not working 8 hours for both. they are high placed positions. |
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It just never ends...
posted at 8/19/2009 11:27 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
Not quite clear that his outside employment conflicts with his current position other than your calculation that the time required required for one precludes a full faith effort for the other.
Are there concerns with his employment? Is he meeting his goals? Is his company a sole proprietorship? In other words, is it a part time consulting company? Did he report his outside employment to his supervisor as required? If not, you have a solid reason to confront him with the information, give him a warning and demand that he terminate his outside employment if that's the direction his management feels your company should go. But if the answers to both questions above are yes, then I'm not sure I'd open that door. |
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It just never ends...
posted at 8/19/2009 12:08 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
It would appear that the majority of the concern is based upon assumption. Absent any clear neglect of his duties with your company, e.g. not meeting objectives or performance standards, there is nothing to base the case on that he is not performing for your company.
Also, Nork makes a good point with then type of company. For example, I've owned a consulting company for almost 4 years yet I performed another job while doing so and performed no work that conflicted with my regular employer. My situation is not unique as I know many who also do this. Further, you seem to be basing part of your assumption on an 8 hour work day. I must guess that as an RVP this person meets the Executive Exemption criteria of the FLSA. Consequently his work should involve accomplishing certain objectives and being paid a salary without regard to the quantity and/or quality of his work. While certain standards of performance can be applied, it is very dangerous to start assuming that an exempt employee need only perform 8 hours of work. While in reality most do more it is possible that less can be performed and still meet standards. It is a slippery slope you need not go down. I am not defending this person, rather, I am suggesting a more thorough examination based upon demonstrable performance be undertaken. This would also include exploring the points previously made by Nork, with the individual. This is something their supervisor should do. |
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It just never ends...
posted at 8/20/2009 4:59 AM EDT
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
the other company that he alledgedly works for is a corporation. They have 20 employees in this country and 75 in a foreign country. If you were to talk to the people who work under him they will tell you that he is never accessible to them. Never answers their email queries, and from an HR standpoint when we need answers it is a matter of a week before we get any response from him.No, he did not report this other position to his manager |
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It just never ends...
posted at 8/20/2009 8:00 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Let me add this. One of the greatest challenges we in HR have is our role. It is one thing to be the "internal consultant" and we most assuredly have that role. It is another thing to be a member of management with positional authority to make firm decisions impacting on people. We should do that with those who report to us. It is yet another to try and replace management by being Judge, Jury and Executioner (or allowing them to use us conveniently as a replacement). In short, taking that role creates a relatively difficult relationship between HR and line Management (or any other management).
It must be emphasized that our role is not to take on the unpleasant tasks that management does not want to do; or, to replace management because we know better or think we know better (our expert knowledge getting in the way). Our role is to ensure that those we give advice and counsel to (CEO, VP's Managers, etc) learn and develop the necessary skills to ensure that they can manage what they are responsible for. When we do it for them we do nothing less than give them a scapegoat or an excuse for why something positive isn't happening. Regardless of our experience level we all struggle with this on occasion. We know the answer and are literally jumping up and down in our chairs because it wants to burst out. We have to resist that urge and focus on who is ultimately responsible for that business unit. In almost all cases, it would be the manager and not the HR person. Don Herrmann |
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