Legal Question in Employment Law in Pennsylvania
Moonlighting burden of proof
Note: this is a hypothetical situation, but I'd just like some general guidance.
Say a company's HR policy allows moonlighting, as long as you tell your boss and get prior approval.
But let's say an employee decides to do some work on the side anyway without telling his or her boss. The work isn't illegal, nor does it involve any trade secrets or confidentiality issues. But for whatever reason, the moonlighter just doesn't want to tell his or her boss.
Now, if the company suspects that this employee is moonlighting or otherwise in violation of the policy, what steps can they legally take to prove it?
In other words, assuming the employee performs his/her job duties well, and the company decides to fire him/her for violating the moonlighting policy, what sort of proof/evidence is needed?
If push came to shove, and the employee got fired and tried to sue for wrongful termination, could he make the case that the company can't ''prove'' that he was moonlighting?
Note : I realize that the employee CAN'T do this, and would probably be fired. I'm specifically interested in what needs to be PROVED by the various parties and HOW.
Just curious. Appreciate any feedback.
Thanks
2 Answers from Attorneys
Re: Moonlighting burden of proof
You asked about discharge of an employee.
An employer does not need reason or cause to fire any at-will employee. the employer can in fact make up a reason to discharge out of whole cloth. "We don't like red heads so we're firing all red heads."
As long as the employer is not discriminating against someone based on their membership in a protected class, or other protected reason, then that employer can fire an employee for mast any reason. (Red heads are not a protected class.)
Regards,
Roger
Re: Moonlighting burden of proof
The ER would only need evidence if there was a contract of employment which limits their ability to act. A court would find that you have no contract of employment and therefore you, like everybody else without a union or a contract, can be fired for good reason, bad reason or no reason at all.
Quite literally, yur boss can come in to work one day, say he dosesn't like how you are working out, and fire you. No lawyer worth his salt would take the case on a contingent fee because management holds all the cards unless there is a violation of on e of several federal or state statutes. There is no moonlighting protection statute.
You have very, very few rights.
TV
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