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<< I don't think an employee should have to ask for permission to perform work elsewhere >> Regardless, it is generally frowned upon, and in some cases, is specifically prohibited by company policy (Whether this is legally supportable or not as grounds for termination, I do not know). << as long as it's not ... adversely affecting their performance while on the job >> >From experience, I can tell you that any real or perceived flaw in the >employee's performance will be attributed by the employer to the employee's >involvement in the outside contract. ("What, you can't work 80 hours this >week? I think we need to have a talk about your contracting interfering with >your performance here...") -Bob Lancaster
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