Moonlighting
Dear Atty. Vlad,
I am a waiter/delivery rider in one of the restaurants in Taguig City and render work from 10 a.m. to 7 p.m.
After I finish all of my duties in the restaurant and after 7 p.m., I do sideline work as a rider doing delivery services or errands as I need to find additional sources of income to help with the finances of my family.
My sideline job did not interfere with my regular job since I made sure that I had already finished all of my work before doing my sideline work. When my manager found out about my sideline, I was dismissed from my regular job for serious misconduct.
According to my manager, the Company Policy prohibits employees from working with another employer. Was my dismissal valid? I hope you can help me.
Victor
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Dear Victor,
Contrary to your manager's claim, your dismissal is not valid.
From what you stated, you perform your sideline work only after you finish your work schedule at 7 p.m. In addition, your rider job did not interfere with your regular job and work schedule in the restaurant.
In the case of Jackqui R. Moreno vs. San Sebastian College-Recoletos, Manila, G.R. 175283, March 28, 2008, the Supreme Court stated:
"In the present case, SSC-R failed to adduce any concrete evidence to prove that Moreno indeed harbored perverse or corrupt motivations in violating the aforesaid school policy. In her letter of explanation to the grievance committee dated 12 November 2002, Moreno explained in detail her role as the breadwinner and the grave financial conditions of her family. As previous requests for permission had already been denied, Moreno was thus prompted to engage in illicit teaching activities in other schools, as she desperately needed them to augment her income. Instead of submitting controverting evidence, SSC-R simply dismissed the above statements as nothing more than a "lame excuse" and are "clearly an afterthought," considering that no evidence was offered to support them and that Moreno's salary was allegedly one of the highest among the universities in the country.