Moonlighting Driver
Kent
42 Posts
We have a delivery driver that has purchased his own truck and is contracting hauls after hours. Our concern is that he is burning the candle at both ends and will be involved in an accident in our vehicle due to fatigue. He was advised by his supervisor (verbally) when he bought the truck that he would not be allowed to work all night on his own and for us during the day too. We now know of at least 2 times where this is exactly what has happened. Options?
Comments
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Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
We do ask employees to let us know if they do have a second job, so we are aware if there is any conflict of interest. I have worked with many companies that have people that "moonlight". As long as their 2nd job doesn't affect their job with us (they are available for times we ask them to work) or cause any conflict of interest, they can moonlight. Now, if their performance decreases due to no sleep or errors made, then you can address performance.
If either are DOT jobs, then you have a different ball game.
E Wart
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
Your original post said he's already done this twice, and you haven't indicated any negative performance from those incidents. Some people can get by with less sleep, although the odds don't favor this arrangement.
I believe I would sit him down, explain that you are concerned for him and your own company, have him tell you what he is doing to ensure he is ready and able to safely give you the 100% effort you deserve, and then give him written expectations including the possibility of being terminated. Your expectation does not necessarily mean having an accident. It could be as simple as "If your supervisor (and a witness) feels you have shown up for work unable to perform safely, we're going to discipline you." I would then do the same thing for any other employee whose off duty lifestyle could pose a safety risk.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
Are you trying to find a way to get rid of this person and using this as an excuse? This is what it sounds like to me.
If so, address it as a performance issue or an attendance issue, but I wouldn't terminate someone because they have a second job, whatever it might be unless it is conflicting with his job(which is normally performance) or a conflict of interest.
E Wart
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
So, the driver suffering fatigue at the wheel of the "small, docile, non-DOT regulated" local delivery truck runs over and kills a pedestrian. You're on the witness stand as the pedestrian family's attorney is BBQ'ing you to medium-well finish. He asks you for the compelling reason, being fully aware of his after-hours activities, behind your decision to put him behind the wheel of one of your vehicles. You answer:
A) It is our policy not to meddle in the after-hours affairs of our employees.
I did not want to give the impression that I was out to get rid of him.
C) What he does on his own time matters not, besides, his position with us is DOT-exempt and as such, I was not interested in hours-of-service.
I think you get the picture...........
Gene
(D) As a best practice, It was our decision to view this from the standpoint of performance. We knew he was working both jobs, burning the old candle at both ends, had bills to pay and other financial stuff going on, new rims to pay for, diamond studs for his tooth caps, rings and stuff. We decided to look beyond the safety angle and let our progressive discipline system deal with him if performance suffered. That safety angle is so nebulous anyway - what a stretch. Well, he had two write ups; one for dozing off at the plant gate and rolling through the dumpster; and, a second one for delivering OUR product to one of HIS night-time customers. Actually he forgot which route he was on. We were anticipating he would get a third step writeup and that would have probably meant suspension or termination. We had no idea he would kill somebody before we got to step three. These progressive discipline things usually work, you know.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
The reality is you have no idea what all your employees did last night. Your action starts when they walk through your door. Then your supervisors judge their fitness for duty and take appropriate action. And that's what I would say on the witness stand, that my supervisor was properly trained and made the decision to allow the employee to work. If my supervisor allowed a driver to work knowing he/she had been up all night and was exhausted and not fit for duty, then my supervisor made a bad decision, and my company must suffer the consequences.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.