The moonlighter

Jeremy Hicks, Zagante Systems' lead programmer, walks into the office at eight o'clock on a Sunday night and does a double take when he spots his boss, Melanie. She's equally surprised to find she isn't alone. Before leaving for the evening, Melanie pays Jeremy a visit, only to discover that he isn't hard at work on Zagante's new product--he's programming a game for another company. The next day over lunch, Melanie confronts Jeremy and lets him know that he needs to stay focused on Zagante's new software. Jeremy insists that he's fully engaged in it. So Melanie agrees to keep the moonlighting under wraps so long as it doesn't interfere with Jeremy's job. That night, Melanie sits down at her laptop and opens up a Google window. "Moonlighting," she types. Dismayed at the number of hits, she changes her search to "Fired for moonlighting." This search leads her to case after case, but none helps her with Jeremy. She tries one more time. "Promoted for moonlighting," she types. No surprise. Zero hits. Frustrated with Jeremy, yet anxious to keep such a talented employee, Melanie turns to Jill Darby, Zagante's HR director, for guidance. Jill has both good and bad news. The bad news is that the company has no moonlighting policy. The good news is that Jill can arrange for Jeremy to receive a low-interest loan. But when Melanie tells Jeremy about the loan, he doesn't go for it. He's not just freelancing for the money, it turns out; he's downright enjoying the work and doesn't appreciate his boss butting in to his private business. How should Melanie handle this moonlighting issue? Commentators Bill Jensen, author of Work 2.0: Rewriting the Contract; attorney Barry LePatner; economics professors Jean Kimmel and Karen Conway; and HR director Sandra Davis offer advice in this fictional case study.