If I found out about it, yes, he'd be gone immediately even if he were our #1 engineer.
It's impossible to trust someone with AWS production keys and access to customer data when they lie to you about something as simple as who they work for. People secretly working multiple jobs are looking for an easy way to make a lot of money. If it's within their ability to secretly work 2 jobs, is it also in their ability to download proprietary company info and sell it to a competitor?
But there's no legal issue with working multiple jobs in the US.
Most employment agreements pay for 40 hours per week.
What employees do with the rest of their time is none of the employer's business.
They could be spending all that time driving an Uber, developing an open-source project, do contract/consultant work for a friend's startup, or just play video games.
As long as the work is getting done, the employer has no recourse unless it gets outright stipulated in the actual contract.
Your conflating of "working two software engineering jobs" and "stealing company data and selling it" doesn't make logical sense.
Working multiple jobs is not an easy way to make a lot of money. It takes time and effort.
Measuring employee productivity over "hours in chair" is the way to go.
It doesn’t matter what’s legal, it matters what the company you work for thinks. Anything else is over analyzing the situation.
The bottom line is working for two companies full time concurrently is abnormal and it’s not a stretch to imagine you’re not getting 100% of your employee while they juggle two jobs.
I’d also fire the report if I discovered them working two jobs.
Well as long as their other work is never directly competing with the company, and the employee is always getting their work done, I don't see an issue with employees doing side-hustles.
Whether that's developing open-source projects, running a YouTube channel or working 40 hours a week for another team.
If they are competing with the company or not getting a reasonable amount of work consistently done, then that would be an issue.
It's impossible to trust someone with AWS production keys and access to customer data when they lie to you about something as simple as who they work for. People secretly working multiple jobs are looking for an easy way to make a lot of money. If it's within their ability to secretly work 2 jobs, is it also in their ability to download proprietary company info and sell it to a competitor?