This is topic Moonlighting Employees in forum Ground Level at Film-Tech Forum ARCHIVE.


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Posted by Don Anderson (Member # 397) on 09-15-2001, 02:51 PM:
 
Just wondering if any else has run into this problem. On Friday I found out that one of my vendors had been moonlighting as a vendor/usher our local competition on his days off. He has been doing this for about one month, asking off for certain days. These "certain days" turned out to be the days he works for them. A customer kiddingly mentioned that one of our employees had sold him popcorn at the theatre down the street. I didn't believe him, so I called their office and asked if they had so and so working there, only to be told , yes he's working tonight. Needless to say, I drove over there in between showtimes, didn't see him at the vending counter, so I asked the 18 year old manager (who looks 15) if he was working. He went to the booth and brought him down to meet someone, that someone being me. The expression on his face was worth a million bucks! They, the competition, had no idea that he was currently working for us, and them! I told our former employee that it was unethical to do such a stunt. He saw nothing wrong with it. Anyone ever caught an employee doing this at your theatre? I was going to give him a choice of working for us or them, until I found out he secretly working there for over 30 days, and told a fellow employee NOT TO TELL HIS BOSS. Gee, guess what? When one of your key vendors asks for more hours and you tell them that you don't have any available, they talk!
 
Posted by John Scott (Member # 520) on 09-15-2001, 03:57 PM:
 
At our circuit second jobs are ok for anyone but other competitive theatres. In a normal situation, if he worked for us we would give him the option of either leaving them or leaving us due to a conflict of interest. But in keeping this from you, you made the right call firing him on the spot.


 


Posted by Jerry Chase (Member # 660) on 09-15-2001, 04:09 PM:
 
<shrug> If it was an hourly employee and the schedule didn't conflict, I wouldn't throw a fit. Such moves are common in union situations. Projectionists often work many different locations.

The line I wouldn't cross is if the employee were promoted to part of the management team.

Let's face it, sometimes theatres give employees rotton hours and insufficient pay to make ends meet on any consistent basis. I suspect the employee in question has a lot of drive and probably a lot more integrity than you think. I can relate dozens of tales where underpaid (insufficient or irregular hours) workers took from the till rather than trying to find a second job. I'd guess his heart was in the right place, but his judgement hadn't matured enough to be up front with what he wanted to do.


 


Posted by Joe Redifer (Member # 3) on 09-15-2001, 05:33 PM:
 
I worked for Mann and United Artists at the same time for about a week. I had just gotten a projection job at UA, but I stayed at Mann as an assistant manager to help close the theater down (it was being sold). Everybody knew and no one seemed to care.
 
Posted by Andy Muirhead (Member # 712) on 09-15-2001, 07:18 PM:
 
I agree with Jerry totally. So what? If you can't afford to give your employees enough hours it's no wonder they work on their days off. Would you be so upset if it was a corner shop? Like Jerry said, some people would steal rather than have the drive to work on their days off.

I'm in a senior position at my cinema, but i work days off at the local near my home. It's a direct competitor for my cinema, but i need my pocket money! (and yes, both cinema's know and don't have a problem)

 


Posted by Brad Miller (Member # 2) on 09-15-2001, 07:19 PM:
 
[rant mode]

Personally I think that is ridiculous and uncalled for. Did the employee do good work for you? If the answer is yes, then the problem is you. Theaters pay shit and many will not allow an employee to work over 40 hours so they do not have to pay overtime. For some employees that means they HAVE to have another job and just because they like working at your theater enough to make their second job at another theater should not matter.

I have never met an employee that worked two jobs that did not do an excellent job. People in that situation generally work their butts off and can not afford to lose either job. If you really want that person to work exclusively for you, how about a raise so perhaps he doesn't have to? Then again, maybe he is only getting 20 hours a week at your theater so he had to pick up another shift or two at another theater to pay the bills. Perhaps the entire reason why he had to take that other job was because you won't schedule him enough so that he can make ends meet.

Obviously the employee KNEW you would overreact and that is why he tried to keep it a secret from you. I've been in that situation during college where I had to keep two jobs to make ends meet, and yes they were both at theaters. Neither theater cared because I did my job very well at both places and there is no difference here. So long as he shows up for his shifts at your theater and does a good job, what that person does on his days off is really none of your damned business. If nothing else, the guy is getting more experience in the exhibition industry without even affecting your payroll!

I can only hope that John's post above was misread and you did not fire that person. If you did, then I hope you treat everyone that you pay to perform work at your theater the same way. Better tell that soda foundain repair guy to take a hike since he probably works on the competing theater's machines. Oh wait, who cleans your screens? Oh no, I'll bet the guy who delivers your ETS prints delivers for your evil competing theater too! What if the same service company does repair work on your projectors and the guys down the road??? This is just assinine and don't even try to separate employees from outside contract labor. You pay both of them to do work at your theater right? Yes you do! This is no different.

Now go have a Coke and a smile and shove that lame argument about ethics where it belongs. Pathetic.

[/rant mode]


 


Posted by Bob Maar (Member # 763) on 09-15-2001, 07:52 PM:
 
Jerry...Amen

Joe.....Amen

Brad....Amen ..............Goodnight!
 


Posted by Gordon McLeod (Member # 33) on 09-15-2001, 08:30 PM:
 
Well in ontario the only way you could displine them if they were a partime employee is if they signed a agrement of non conflict of interest before starting to work and even then it probably wouldn't stand up if they were getting less than 38 hours
 
Posted by Jim Ziegler (Member # 86) on 09-16-2001, 04:17 AM:
 
I have to agree wiht firing the guy... Not necessarly for having the other job, but for hiding it... I don't know about you guys, but I want to be able to trust the personnel under me, rather than wonder where their loyalty lies... To paraphrase a parable, no man can serve too masters and be loyal to both equally..

Brad... I have had employees go off in similar fashon about hours, pay, etc.. I always tell them it is the nature of the buisness. All choices we make in life have their consequences. I can choose a lower paying, but fun, theatre job, or a higher paying, but less fun, office job. Its a tradeoff inherent in the buisness.

Think about it this way. On a Saturday I need 21+ ushers to take care of all the necessary tasks in my 20-plex... On Monday, I need 2... Assuming 3 or 4 people will ask off for a Saturday, I need 25 employees in the department to keep it staffed. Are you honestly suggesting that I have a responsibility to give any of those 25 employees 40 hours a week if they ask for it?
 


Posted by Gordon McLeod (Member # 33) on 09-16-2001, 09:07 AM:
 
Jim said "Assuming 3 or 4 people will ask off for a Saturday, I need 25 employees in the department to keep it staffed. Are you honestly suggesting that I have a responsibility to give any of those 25 employees 40 hours a week if they ask for it?"
No but you can't penalize them either when they seek extra income
A part time job is as the name implies part of the time they work for you the rest is theirs to do with basically as they see fit

 
Posted by Richard Fowler (Member # 893) on 09-16-2001, 09:51 AM:
 
Sometimes part time people are treated as cattle....maybe it was wrong to hide his employment at another theatre, but then again management can be too controlling of peoples's lives away from the workplace....did the initial place have a written policy that employees signed off on...probably not. The employee was probably learning more marketable skills ( he was in the booth ) and if he does get over being fired, he will probably earn more elsewhere.
Richard Fowler
TVP-Theatre & Video Products Inc. www.tvpmiami.com
A former cinema operator ( before Brenkert Josh was born ) with alumni employees at AMC and General Cinema.
 
Posted by Jim Ziegler (Member # 86) on 09-16-2001, 04:08 PM:
 
The main issue I see is not that he worked at the competion, it is that he tried to cover it up... The employee realized the conflict of interest it posed, and resorted to dishonesty.

For the record, I have and have had employees with multiple jobs, one even worked at the local large-format theatre as well. The difference was that it was not hidden.
 


Posted by Don Anderson (Member # 397) on 09-16-2001, 08:08 PM:
 
Brad, I treat all my employees as a team. No one is better than the next. We have a great staff, and yes, they don't get paided big bucks, they know that when they are interviewed. But, everyone enjoys working for me and our company. We have preview night for the staff, pizza, sodas, etc. They get the days off that they ask for, are scheduled for the hours they prefer, and so forth.He was given as many hours as he wanted. He was a good worker. However, this is not the first time that I have caught him lying to me. If you tell me that you will be out of state for a week, they ya better be out of state instead of being spotted in town. Then, only to tell us that you had a great time in Ohio and just got back tonight! This person didn't see anything wrong with working for the competition. I see differently, especially since the competition is less than a mile away in a town of 35m. It wouldn't take much for him to tell the "other guy" what our concession sales were the times that he was working. I don't think he would do that, but ya never know. Kids don't see it as management see's it. Its a dog eat dog world. Believe me, I don't like releasing people, its very hard to find anyone in the workforce in our area. But, I will not put up being lied to. The manager at the other theatre had no idea that he was still working for us, and of course, he kept it from them too! I'm sure he will be happy working for them, it seems that the oldest person working there is around 18 year old.
Oh, by the way, about 4 months ago I had sent in a resume to the out of state company that runs that theatre and was offered a managers position. I had no idea that it was managed by an out of state firm. I turned down the job offer, it paid more, but I wasn't impressed with the theatre presentation.But, I also sat down with the owners of our theatre and put my cards on the table. I told them that I was looking for another chain to work for. they told me that they would rather see me work for a chain in Milwaukee and offered to get me in the door. Not because they were afraid of me working within our city for somebody else, but because of the chain that runs it.

Oh well, sorry that not all of you agree with me on my decision of my employee. But, I hope that it never happens to you. I work 3 jobs, and all of them know of each others, but are in totally different fields. One of my employers said that they would do the same as I did, if it was hidden from them too.
 


Posted by Scott Norwood (Member # 30) on 09-16-2001, 08:16 PM:
 
If the guy lied to his manager about this, then he absolutely deserved to get fired.

On the other hand, I don't see a problem with one who works for multiple theatres in the same geographic area, at least in the floor-staff or booth capacity...it's not as if there are any "trade secrets" for selling tickets or threading projectors that are likely to cause a conflict of interest. This, of course, assumes that the employee is honest about this when asked and that the quality of his work is not compromised.

I agree, though, that manager-level and higher employees shouldn't work for competing theatres at the same time due to the potential conflict of interest which could result, but I just don't seen how this could be an issue for floor staff.
 
Posted by Sean McKinnon (Member # 612) on 09-16-2001, 09:07 PM:
 
Why does it matter if the oldest person there was 18??? You said je would like it better there because of that? Why do you think just because the manager is young he doesnt make his employees work? Im 18 and Im the manager of a 20 screen, and yes I make my employees work.

Lets try and stop the age discriminating comments please its unfair.

------------------
--Sean McKinnon
Manager
Loews Cineplex Entertainment
Liberty Tree Mall 20
Danvers, Mass
www.enjoytheshow.com
 


Posted by Gordon McLeod (Member # 33) on 09-16-2001, 09:24 PM:
 
I did a bit of checking in Ontario a part time position (one that guarentees less than 38 hours per week) can not ask nor prevent an employee from seeking alternate work on nonworking hours even at the competition. They can be displined if they discus business with the compition but the phrase "chineese walls" comes up
Since many part timers are on unemployment insurance it is an offense for an employer to do anything that prevents a claiment from topping up there hours to be off insurance claims includeing requireing competitors to schedule accordingly.
It seems that it is felt that the benfits to the overall social econiomic system outway any individual companys interests

 
Posted by Brad Miller (Member # 2) on 09-16-2001, 09:31 PM:
 
Don quote "Kids don't see it as management see's it."

I am not a kid, unless 31 constitutes a kid in your eyes. I also have 15 years management under my belt. In addition, Sean's comment above is absolutely correct, for there are many 18 year olds who do a better job than people who are 50 and have been in this business for 30+ years, so let's cut the age crap.

It's your theater and as such you do whatever you like, but the bottom line is that what that employee did off of your timeclock is none of your damn business. You are not God, you do not own him and you have no right to control his life. So big deal if the competition knows you brought in X amount of dollars in concession sales. Exactly how does that hurt or help your sales? It doesn't. It hurts neither of your businesses any more than knowing how much each one of you brought in the box office for a given movie, and that's somewhat public information anyway. Again, he obviously KNEW you would overreact, just like you have, which is why he kept it from you.

Granted all of this is opinions, right down from you terminating this guy to my comments above, but since you've asked this on a public forum, now perhaps you will see the other side of the argument before you go punishing other employees because they did not ask permission of their ruler before partaking in another job on their own personal time. I would be very embarassed and ashamed if we were part of the same management team for your closed-mindedness.

[rant mode back off...for now]


 


Posted by Darryl Spicer (Member # 711) on 09-16-2001, 11:01 PM:
 
years ago I worked two jobs....I worked my regular job at the indoor theater were i worked 40 hour weeks and I worked at the drive-in on fri sat and sun evenings.....everyone knew i worked for different competitors and no one had any problems with it....I did this for three months.

I have to agree with brad on the fact that it is no ones business what I do outside the theater.....as long as I make it in to work and I am able to give 100% to the job, no one should be complaining.

It's no different than someone who has two jobs and they happen to be at a mcdonalds and wendys.....as long as you do the job it shouldn't matter.
 


Posted by Jim Ziegler (Member # 86) on 09-17-2001, 04:29 AM:
 
Brad,

What your employees do, on the clock and off, can have signifigant legal ramifications on the organization. IT IS THE EMPLOYERS BUISNESS IF THE EMPLOYEE IS DOING SOMETHING WHICH CAN EFFECT THE EMPLOYER.... Remember those background checks we all have to go through before becomming managers?

What can a floor staffer do? Reveal expansion plans perhaps? Perhaps he decides he likes one theatre over another and decides to sabotage operatons, etc...
 


Posted by Jerry Chase (Member # 660) on 09-17-2001, 08:58 AM:
 
"I have to agree with Brad on the fact that it is no ones business what I do outside the theater....."

Unfortunately, this might be the moral high ground, but it often is not true. Any employee that agrees to random drug testing as a prequirement of employment is allowing the owner of the company to have an unreasonable say in their "outside" life. I would have no particular problem with random or periodic drug testing, IF it were applied equally from top to bottom, with the owners and stockholders having to submit and suffer consequences equal to those imposed on hourly employees. I've seen too many people in high positions with drug habits to perceive the intentions of these invasions of privacy as anything but mercinary -- "I won't allow my employees to use drugs because they might steal to support their habits. I need that money for my own habit."

Besides, my pee is mine. If you want me to save it for you, or you think you have a pressing need to have it examined, I gotta think you are sick in the head.

Other outside activities can often be seen as affecting an employer.
Some companies require a commitment to social service as an unstated requirement for continued employment and advancement. On the other end of the spectrum, a pedophile might not be the best choice to usher a matinee show. A klansman might not be the best hire in an inner city theatre. I state these examples because they are forms of socially acceptable employment discrimination based on outside activities that are largely unchallenged in the courts. The cold hard facts are that many businesses, especially small family owned businesses discriminate outrageously based on religion, social standing, race, and many other factors, but hide it from outsiders. In the real world, it does matter to many employers what a person does outside their job.

To me, in the situation described, it seems like the underlying problem was not one of working two jobs but of deception. Obviously this person needs to be out of theatres and into politics where he can govern us.

 


Posted by Scott Norwood (Member # 30) on 09-17-2001, 09:10 AM:
 
I know it's a different issue, but I feel quite strongly that drug testing in the workplace is almost always an unreasonable violation of worker privacy. I can accept it for jobs where there is a public safety issue (airline pilots, truck drivers, etc.), but I would oppose it for jobs where there is no compelling reason for it and would refuse to work for any company which imposed such a restriction arbitrarily.

I will add here that I don't use drugs, have never used drugs, and don't intend to use drugs in the future. This doesn't change the fact that whether an employee uses drugs on his own time is none of the employer's business unless (as mentioned above) there is a safety issue involved. As long as it doesn't affect job performance, it should be a nonissue. If it begins to adversely affect job performance, then the performance issues should be dealt with as such and use or non-use of drugs should be a nonissue in any decision to fire an employee. (And, yes, I would consider showing up to work drunk or an an "altered" state to be poor job performance and deserving of firing.)
 


Posted by John Pytlak (Member # 331) on 09-17-2001, 09:28 AM:
 
I worked as a projectionist for a drive-in and a hardtop in a small town concurrently for three years. Yes, they were competitors. But I did not share business information between the two theatres. IMHO, the only conflict of interest would be someone in a management position, or someone who was deliberately "spying" on the marketing strategy of the competitor.

------------------
John P. Pytlak, Senior Technical Specialist
Worldwide Technical Services, Entertainment Imaging
Research Labs, Building 69, Room 7525A
Rochester, New York, 14650-1922 USA
Tel: 716-477-5325 Cell: 716-781-4036 Fax: 716-722-7243
E-Mail: john.pytlak@kodak.com
Web site: http://www.kodak.com/go/motion
 


Posted by Ethan Harper (Member # 472) on 09-17-2001, 12:02 PM:
 
What business is it of yours to know what your employees do on their days off.
the great thing about living in
America is that you have the freedom to do what you want. You say that it does if it your directly effects your business. Is your theater losing money in any way as a result to this? Are you personally losing business because he works another job? Have people decided to go to antoher theater just because one employee is working as a second job somewhere else? it needs to be looked at as working a second job which a lot of us do and should have that right. Do you know the stiuatation that this person might be in? He might need that extra cash. Would have it been any different if he came up to you first? I still dont see why it matters at all. it is his business and he is allowed to do whatever he wants on his time off. To get extra income or whatever the case may be. He is not your responsibility at that point. No offesnse, I think you took it way too seriously instead of looking at the situation at hand.

------------------
--"That's my story and i'm sticking to it!"--


 


Posted by Brad Miller (Member # 2) on 09-17-2001, 12:12 PM:
 
Jim said "What can a floor staffer do? Reveal expansion plans perhaps? Perhaps he decides he likes one theatre over another and decides to sabotage operatons, etc..."

My initial response is that anyone worried about things like this needs to start treating their employees with a bit more respect. Oh no, the competition is going to add 4 more screens? Oh no, the competition is going to build another theater in the next town? It sounds to me like the world may well explode from such knowledge and such talk MUST be stopped! Oh please. Half the time I know about other theater's expansions and closings before the managers do at that theater anyway.

The only valid argument I've seen against invading an employee's right to privacy on his time off is the one above about possibly sabotaging the competition's operations. But then again, if the theater with the tyrant ruler in charge would just treat their employees like human beings, that wouldn't happen now would it? No it would not. Perhaps it is time for some management teams to re-evaluate whether they are treating their staff like shit or not.


 


Posted by Dennis Atkinson (Member # 345) on 09-17-2001, 04:12 PM:
 
The Film-Tech Quote of the week "I treat all my employees as a team.
No one is better than the next."

I thought the cold war was over, comrade.

 


Posted by Christopher M. Belch (Member # 846) on 09-17-2001, 06:10 PM:
 
I think our institute is ok with second jobs, so long as they dont interfere with your work schedule at our theater. That is part of free choice, something we have here in America. If you cant make what you need at one place, either because of hours or pay, then why not get a second job? And if your primary employer has a problem with this, then perhaps he or she should consider why you got the second job. Just my two cents.
 
Posted by Joshua Voorhies (Member # 824) on 09-18-2001, 01:36 AM:
 
I have to agree with Brad. I think Ziegler is being a little (ha ha) paranoid.
I'm sure the competition would figure out the four screen expansion anyways. I would notice if I saw a construction crew at a theatre, but that's just me.
As for sabotage; I don't see someone sabotaging simply because they work for a competing company. Sabatuers would have a grudge against management. Of course, if I turned pissing people off into the high volume business Ziegler has, I'd be paranoid too.
And let's face it: the only thing theatres have going for them is that they're *usually* a fun place to work. They don't pay squat, and the hours are iffy because you need a large number of people on the weekend but not the rest of the week. Many people need the extra hours and are forced to find them someone else.
While I think it's best employees be honest, let's face it: some managers are jerks. If you know your boss is paranoid, mean, or Ziegler, it might be in your best interest to keep certain things to yourself.
 
Posted by Brad Miller (Member # 2) on 09-18-2001, 01:55 AM:
 
Joshua, while I'm glad you can see my side of the argument, let's please refrain from any direct personal attacks against other members. (Save that for non-members. )


 


Posted by Joe Redifer (Member # 3) on 09-18-2001, 02:18 AM:
 
Yeah, save that kind of talk not only for non-members, but people who register and then decide never to participate!

C'mon everybody! We won't bite! And if someone does, their ass will be kicked by Dwayne Caldwell. We keep him locked up most of the time, and release him only when absolutely necessary.
 


Posted by Jim Ziegler (Member # 86) on 09-19-2001, 02:30 AM:
 
Voorhies..

You are way the hell out of line. We'll discuss this on Thursday..


 


Posted by Sherry Legare (Member # 671) on 09-19-2001, 11:15 AM:
 
I currently have a couple of girls working for me that work for our competition. The problem I have with it is that when they were interviewed they told me they would be available to me when needed, then after they were hired they changed their availability and restricted their nights to Monday and Wednesday with the occasional Friday, because the competition needs them on the busier days. I need them on the busier days too!

Another problem is that we have different ways of doing things that work best for us, and employees have a difficult time changing their work habits between 2 different theatres. I get really tired of hearing, "at the other other theatre we're allowed to do this", or having to continually correct things that are being done the way the other theatre does them.

Also, as an independent theatre, one of our biggest challenges is breaking the association between ourselves and the major chains. It is difficult if we are "sharing" employees. We have enough problems with people trying to use coupons and passes from the other theatres here, and don't need people getting upset telling a cashier that "you accepted it at the other theatre!"

I don't have a problem if my employees have more than one job. Most people cannot survive on one part-time job and I can't always offer more hours or regular raises. My policy is that if I hire someone knowing they have another job that will require me working my schedule around them, it is my problem to deal with the schedule. If working for me is their first job and they go out and get a second job, they have to work their second job around us. If they can't, then they have to choose between them and us.
 


Posted by Joshua Voorhies (Member # 824) on 09-19-2001, 02:18 PM:
 
Ziegler,

I apologize for what I wrote earlier. That was harsh ridicule, even for me. Just laugh it up (because it is kind of funny), or consider it payback for the "wife-beater" comment.
And don't take my antagonism seriously! I just mean it in jest.

(and it's not like the post was entirely untrue...)
 






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