Company A & B

[WWTEng]

I work for B and used to work for A until a couple of years back. A has contacted me to do some structural work (part-time) on a project they have. I’ll be still working for B full-time.
The part-time work I do for A is going to be reviewed and sealed by a SE they have on staff. I don’t think I have any liability and both A & I are clear on that. Obviously I’ll still do the work to the best of my ability.

Two questions:
1) Is there any liability issue working for a part-time company that I am not a direct employee for. As noted, the work will be reviewed and sealed by their SE.
2) Am I morally obligated to tell my current company about this part-time work? There is no conflict of interest as the type of work and clients for both companies are completely distinct and would very likely never cross paths.

 

[macmet]

I believe that in Ontario any PEng is required to tell their employer about any moonlighting they do, whether conflict of interest or not.

I'm not sure where you are located though.

 

[WWTEng]

I am in Illinois.

 

[paddingtongreen]

Most companies that I know don't allow that kind of work. Their reasoning is that they are your employer and if you screw up on the other job, and if they don't have you suitably covered for liability, it could come back on their insurance.

Michael.
"Science adjusts its views based on what's observed. Faith is the denial of observation so that belief can be preserved." ~ Tim Minchin

 

[CCox]

WWTEng,

I do this type of work as a contract engineer for several firms. I have my own structural engineering firm as well. They both know that I work for the other company and both are just fine with it. They also both know I have my own firm. Both companies are located in different cities than I am. So, I work from a distance for both of these companies. One company I have been connected up with for about seven years and we have a great relationship. The other company about a year now and we have a great relationship. Being honest with both of them about the other firm has not detracted at all from the working relationship. Imagine if you weren't upfront about doing this additional work and your fulltime boss found out? How would he/she respond?

I am an SE in Washington and Oregon and have had to use it for both companies. I talked through the liability with both companies regarding my stamping. I am covered by both insurance carriers with my stamping. It does not matter that I am a full-time employee or a contract employee. Let me say that I am a contract employee for purposes of tax filing. I have a trusting relationship with both companies, so they trust my work as if I were a full-time employee. Most often, the main offices do the majority of the stamping, but every once in awhile, I will do it. From an insurance coverage standpoint, it does not matter who stamps the work within the company. Different insurance carriers have different policies. Some only allow designated people to stamp drawings. Some allow anyone in the firm qualified. That is best discussed with the company principals.

Good luck. I have really enjoyed working contractually in this manner. As long as you are open and honest about it with all parties, it is very low-stress.

Cody

 

[BAretired]

There is another reason. They don't want you draining your mental energy on a moonlight job to the detriment of the work you are doing for them.

BA

 

[Ron]

You have to make it clear to both that you are doing the work. As for liability, you will not incur liability as the engineer of record, but that does not prevent you from being liable for your mistakes, even if not caught by the EOR. With that in mind, I would get Company A to indemnify your liability and indemnify Company B since you are an employee even though they would not benefit from your work. That might give them the peace of mind to accept that you are moonlighting.

Next, don't use any resources of Company B to accomplish work for Company A. Do it clearly and with documentation on "your own time".

 

[JAE]

I'd say you do have liability (personal) with company A. Despite their "agreement" with you to the contrary, unless you have an indemnification per Ron's suggestion, you are exposed. When things go bad in projects, your good relationship with them may very quickly go out the window.

Get the indemnification from A.

 

[gtaw]

Most employment contracts include provisions for "moonlighting". Depending on your position, it may or may not be permitted. There could be an issue if both companies are competing the same market.


I look at it in this light; if I have to ask if it is ethical, it probably isn't.

Best regards - Al

 

[dik]

I've always done work outside the office and all employers have been aware of it. As long as there is no conflict of interest and it doesn't interfere with one employer or the other, then there's nothing wrong with it. I'm endemnified by the employer I'm undertaking the work for.

My take on things...

Dik

 

[Ron]

dik...agree. My experience as well when I was working in the "corporate world".