employee freelancing...........

[Rick]

When I worked for a shop and design firms - well, except for the last real job I had, too many people had something to say about the work I was doing... I had sales, the art director, design director, the boss and of course the client all sticking their finger in my work.
It might be about the money, but I believe most designers freelance because they have more control over the clients and the work they take on.

I freelanced at every job, when the boss forced me to sign an employee agreement, I would cross out what I didn't agree too and we would negotiate those terms, this employee should have done that.

I agree with what AKwrapguy suggest, have a nice discussion, negotiate the terms to allow the designer to freelance. As long as she has not used or going to use company resources or is in competition, there shouldn't be a problem.

 

[Natalia21]

My first point is if her moonlighting is not hampering your job directly in anyway that's not your problem. May be she is working some extra load to support her family. In many countries people do double shift or double job to support family. There is no odd in that. If her another job hampering your job directly then you can talk to her and rein her. You can make her follow your office rule strictly so that no way she can take the job lightly. But firing her without giving her the opportunity is not a good idea.

 

[Billct2]

I have done side jobs since I have been in this business, as is common with most skilled trades. The only glitch here is she signed and agreement to not freelance. As long as you trust the employee and have a discussion about it and come to an agreement as AK suggested I don't see a problem.

 

[GAC05]

I have done side jobs since I have been in this business, as is common with most skilled trades. The only glitch here is she signed and agreement to not freelance. As long as you trust the employee and have a discussion about it and come to an agreement as AK suggested I don't see a problem.

I agree with this, from what you have posted she has a value to your company and talented people are hard to find and keep.
Now if she is using CorelDraw to freelance then she has to go, no two ways about it....

wayne k
guam usa

 

[Graphics@ToysForTrucks]

My first point is if her moonlighting is not hampering your job directly in anyway that's not your problem. May be she is working some extra load to support her family. In many countries people do double shift or double job to support family. There is no odd in that. If her another job hampering your job directly then you can talk to her and rein her. You can make her follow your office rule strictly so that no way she can take the job lightly. But firing her without giving her the opportunity is not a good idea.

I would never fire without giving the opportunity of explanation.

 

[Johnny Best]

Trying to stop a talented person in your business from doing other work and having them sign some paper to stop that is like putting salt on a bird's tail to keep it from flying.
It is not something you buy, like software or a machine. Your a business person and they have more artistic talent than you have. You can't cage that person, or "treat them like family" they will always try to escape.

 

[Gino]

Many great suggestions and reasonable outcomes. However, in business, one must learn to be business or you have no business. If you have certain policies in place, they may or may not be good, but they are yours..... and in play.

You make the rules and the others must/should follow along. If not, why have any rules at all ??
What happens if you allow her to break the rules and the next guy/gal wants to do the same thing and says, you let her do it, you hafta let me do it..... but they might not be as honest as this girl ??

This should all be written down in an employee handbook or some form of written policy and keep them on file.

If you want to break your own rules, then talk to her and see how the two of you can come up with a solution which will not hurt any other employees or future jobs. Explain to her, you will monitor these side jobs and you would appreciate if she keeps you in the loop. Don't make idle threats, unless you intend to keep them.

What you need to think about most is, why are you breaking your own rules ??

 

[Graphics@ToysForTrucks]

Many great suggestions and reasonable outcomes. However, in business, one must learn to be business or you have no business. If you have certain policies in place, they may or may not be good, but they are yours..... and in play.

You make the rules and the others must/should follow along. If not, why have any rules at all ??
What happens if you allow her to break the rules and the next guy/gal wants to do the same thing and says, you let her do it, you hafta let me do it..... but they might not be as honest as this girl ??

This should all be written down in an employee handbook or some form of written policy and keep them on file.

If you want to break your own rules, then talk to her and see how the two of you can come up with a solution which will not hurt any other employees or future jobs. Explain to her, you will monitor these side jobs and you would appreciate if she keeps you in the loop. Don't make idle threats, unless you intend to keep them.

What you need to think about most is, why are you breaking your own rules ??

I agree entirely! I am having a hard time figuring out how I will handle this if it comes to the next person, or the 11 other employees....its just design for now but is it fair to the other 11 employees?

I have a lot to think about for sure!

 

[Zac]

Most designers have a niche of things they love to do.Sign design/wrap design is fun (for me anyway) because I get to see my work physically out in the world and that's definitely a bonus. But some people just see it as converting logos and pasting phone numbers. It's not so much 'creative' as it is 'layouts' most of the time depending on the work that's coming in.

I bet the work she does on the side is geared more toward her 'passion'. It sounds like you really value her and her work, and if she has a knack for leadership, giving her a title like 'art director' and giving her more responsibility when it comes to designs or just letting her know she has the freedom to explore her creative range could mean the difference in her continuing to do side work and fueling an unnecessary anger out of spite, VS appreciating the freedom and feeling safe enough not to take the risk of venturing out on her own.

Maybe get her in a sales course or a bonus structure where if she brings in work that is geared toward what she wants to do, it will give her an incentive to not 'hide it' and will make her feel more part of the team and will actually benefit both parties.

If you make it more about 'business' and not about the personal relationship (Newsflash, all business is personal relationships whether customers or employees) then you're just going to be another soulless sign factory with a high turnover, which doesn't really help anyone.

 

[DerbyCitySignGuy]

This might come as a shock to some people, but employees are people. Maybe you should start your conversation by addressing HER concerns and find out why she's taking side jobs. My guess is that she's not making enough money.

You could offer to pay her more money and a commission or finder's fee on clients she brings in. Then it becomes a non-issue. She's making more money, doing something she enjoys, and you're getting a piece of the pie.

Most people don't like being cornered. If you come at her in an accusatory manner, at best she's going to remember the conversation and do a better job of hiding her sidework. At worst, she leaves and you're out an employee (and potentially some clients if she's built any relationships). Non-compete agreements are notoriously easy to beat, especially if they're not drafted properly. Unless yours is ironclad, she won't have any trouble beating it.

 

[Graphics@ToysForTrucks]

Most designers have a niche of things they love to do.Sign design/wrap design is fun (for me anyway) because I get to see my work physically out in the world and that's definitely a bonus. But some people just see it as converting logos and pasting phone numbers. It's not so much 'creative' as it is 'layouts' most of the time depending on the work that's coming in.

I bet the work she does on the side is geared more toward her 'passion'. It sounds like you really value her and her work, and if she has a knack for leadership, giving her a title like 'art director' and giving her more responsibility when it comes to designs or just letting her know she has the freedom to explore her creative range could mean the difference in her continuing to do side work and fueling an unnecessary anger out of spite, VS appreciating the freedom and feeling safe enough not to take the risk of venturing out on her own.

Maybe get her in a sales course or a bonus structure where if she brings in work that is geared toward what she wants to do, it will give her an incentive to not 'hide it' and will make her feel more part of the team and will actually benefit both parties.

I thought about giving her incentive on work that she brings in! I discussed this with my husband, he manages the other side (truck accessories, tint, lighting etc) of the business. He has different incentives for different employees according to what they like to do more of..... I am def chewing on that idea!

 

[Graphics@ToysForTrucks]

This might come as a shock to some people, but employees are people. Maybe you should start your conversation by addressing HER concerns and find out why she's taking side jobs. My guess is that she's not making enough money.

You could offer to pay her more money and a commission or finder's fee on clients she brings in. Then it becomes a non-issue. She's making more money, doing something she enjoys, and you're getting a piece of the pie.

Most people don't like being cornered. If you come at her in an accusatory manner, at best she's going to remember the conversation and do a better job of hiding her side work. At worst, she leaves and you're out an employee (and potentially some clients if she's built any relationships). Non-compete agreements are notoriously easy to beat, especially if they're not drafted properly. Unless yours is ironclad, she won't have any trouble beating it.

I think she is making pretty good money..... I mean she has more take home pay than I do, and she knows that, can I pay myself more, yes... but I have been investing more to be able to grow and bring more revenue, add on to the building, more equipment, room, give employees yearly raises and incentives.....(MY DREAMS!!) She has good potential to become a partner and help manage, but THAT kind of behavior scares me!

 

[DerbyCitySignGuy]

I think she is making pretty good money..... I mean she has more take home pay than I do, and she knows that, can I pay myself more, yes... but I have been investing more to be able to grow and bring more revenue, add on to the building, more equipment, room, give employees yearly raises and incentives.....(MY DREAMS!!) She has good potential to become a partner and help manage, but THAT kind of behavior scares me!

I get where you're coming from, but you will absolutely get more "bang for your buck" by investing in a good employee(s) than you will by investing in equipment (within reason). Employee morale is FAR more important than anything else. If you have employees that have a DGAF attitude because they feel ignored or underappreciated, it doesn't matter if you have the fanciest facility in the world. The equipment isn't going to run itself, pre-press isn't going to magically happen, and customers aren't going to self serve.

Granted, this isn't going to apply to every employee you have. Some people are just lazy and don't care. They'll come in, screw around and only work 50% of the day, collect a paycheck, and go home. Nothing you can do about that except keep looking for good people.

[Edit: Also, YOU THINK she makes pretty good money. Have you asked her? Good employees are going to check sites like Glassdoor and Salary and see what their peers are making. You should too.]

 

[Gino]

Regardless of making good money or not..... why would someone entertain the idea of rewarding an employee with a pay raise for going against policy ?? That is another sign of not running a business.

I don't want to hurt employee's feelings, customer's feelings or the IRS's feelings, but there comes a point when the other person must be responsible for their actions. It seems, you've had some good conversations with this person, they know their possible future.... and yet, they still dare ya ?? Almost double dog dare ya.

You need a talk and a very serious one, as you don't want to lose her and I'm sure she doesn't want to lose her day gig.

Remember this.... when negotiating, you must be willing to walk away from your best offer.... not bicker. Your butt is on the line here, not hers. You pay all the bills, buy all the supplies, keep the place warm and jobs coming through. She comes i with her arms, head and knowledge, which you are paying for and quite well according to your input, so the end results must be yours and not what she wants. Discuss with her, but don't make this a joint effort, until she does indeed become a partner. If she becomes a partner, will she automatically inherit her share of the overhead and down parts of the business, as well as the good ??

 

[Graphics@ToysForTrucks]

Regardless of making good money or not..... why would someone entertain the idea of rewarding an employee with a pay raise for going against policy ?? That is another sign of not running a business.

I don't want to hurt employee's feelings, customer's feelings or the IRS's feelings, but there comes a point when the other person must be responsible for their actions. It seems, you've had some good conversations with this person, they know their possible future.... and yet, they still dare ya ?? Almost double dog dare ya.

You need a talk and a very serious one, as you don't want to lose her and I'm sure she doesn't want to lose her day gig.

Remember this.... when negotiating, you must be willing to walk away from your best offer.... not bicker. Your butt is on the line here, not hers. You pay all the bills, buy all the supplies, keep the place warm and jobs coming through. She comes i with her arms, head and knowledge, which you are paying for and quite well according to your input, so the end results must be yours and not what she wants. Discuss with her, but don't make this a joint effort, until she does indeed become a partner. If she becomes a partner, will she automatically inherit her share of the overhead and down parts of the business, as well as the good ??

lots of good input, and stuff to think about!! I appreciate your response!

 

[Graphics@ToysForTrucks]

I get where you're coming from, but you will absolutely get more "bang for your buck" by investing in a good employee(s) than you will by investing in equipment (within reason). Employee morale is FAR more important than anything else. If you have employees that have a DGAF attitude because they feel ignored or underappreciated, it doesn't matter if you have the fanciest facility in the world. The equipment isn't going to run itself, pre-press isn't going to magically happen, and customers aren't going to self serve.

Granted, this isn't going to apply to every employee you have. Some people are just lazy and don't care. They'll come in, screw around and only work 50% of the day, collect a paycheck, and go home. Nothing you can do about that except keep looking for good people.

[Edit: Also, YOU THINK she makes pretty good money. Have you asked her? Good employees are going to check sites like Glassdoor and Salary and see what their peers are making. You should too.]

I will be asking her at her yearly review coming up, I'd like to know what she considers "good money"

 

[billsines]

Two thoughts:

1.) How hard is it to get a good worker? Labor pool is terrible right now.

2.) Don't say one word to her until you are completely cool and calm. If you go in there accusing, it will be a bad scene. Take time to think through all the ramifications. Process it all. Go in humbly. Firm but humbly.

 

[Graphics@ToysForTrucks]

Two thoughts:

1.) How hard is it to get a good worker? Labor pool is terrible right now.

2.) Don't say one word to her until you are completely cool and calm. If you go in there accusing, it will be a bad scene. Take time to think through all the ramifications. Process it all. Go in humbly. Firm but humbly.

2)- most definitely! I apply this at home with my kids, always a plus to wait until you are cool and calm!

 

[AKwrapguy]

Trying to stop a talented person in your business from doing other work and having them sign some paper to stop that is like putting salt on a bird's tail to keep it from flying.
It is not something you buy, like software or a machine. Your a business person and they have more artistic talent than you have. You can't cage that person, or "treat them like family" they will always try to escape.

I'm a peacock, you gotta let me spread my wings and fly...

 

[equippaint]

Your non compete is going to be totally unenforceable across the board if you willingly permit an employee to violate it. Not just with her but with everyone at this point.
I personally dont like moonlighting. If i pay an employee through the good times and the bad and the only risk they have is losing their job then work they encounter should be brought to the business. If an employee doesnt follow your established policies, than they are not as good of an employee as you hold them out to be. You have even eluded to that in wondering if she is doing side work on your nickle. You cant let someone hold you hostage, its your business. Its disruptive to business and this is why companies have policies against it.