Legal Question in Employment Law in California
How to handle an employee with multiple jobs?
Hello,
we have an employee who has been with us for 5 years. She does good work, but she has recently had a second full time job, and as a result, she only gets about 5-6 hours of sleep a day. She comes into our job with signs of exhaustion. Both jobs are labor jobs. We are paying for her workers comp and insurance. I don't know for sure but the other job maybe cash under the table.
I am wondering what my options are at this point. We would like to keep the employee, but not sure if we can enforce limiting the second job. She may need the second job for extra money which is understandable, but not sure what will happen in case of injury at ours or the other job. (maybe she will get hurt at the other job, and pass it off as getting hurt at our job?).
Thank You.
2 Answers from Attorneys
Re: How to handle an employee with multiple jobs?
You have just stated the grounds for her termination if you desired. You could tell her that her performance is suffering, and that you will not allow that to continue. You won't tell her to quit the other job, but will make it clear you can't accept her 'exhaustion' any longer, or the risk that generates in her 'labor' position.
Re: How to handle an employee with multiple jobs?
You have just stated the potential grounds for a termination if you so desired. You could tell her that her performance is suffering, and that you will not allow that to continue. You shouldn't tell her to quit the other job, but make it clear you can't accept her 'exhaustion' any longer, or the risk that generates in her 'labor' position. You should not take any of these actions without actually consulting with counsel for specific advice about the risks of taking action, based upon all the facts. If this is in SoCal, feel free to contact me to do so. A little money spent now for advice is better than a lot spent later on litigation that could have been avoided.
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