I don’t know. I’m not a lawyer. But also what is stopping just any old person from doing this once or twice a year? Is being fireable fraud? I doubt it but again, I’m not a lawyer.
In the UK it's 'obtaining a pecuniary gain by deception' the same as lying on your CV. If you're routinely outsourcing parts of your job (because you can't do it yourself) then you've met the standard for prosecution.
> If you're routinely outsourcing parts of your job (because you can't do it yourself) then you've met the standard for prosecution.
I imagine it would be a problem in the US too, just for other reasons probably. You are essentially giving confidential work info to a third party that has no relationship with your employer.
Not a lawyer, but I don't see a deception charge for "under-performing and getting fired for it (while having 2 jobs)" faring well in courts.
Think about it: if you were performing your work well, despite having 2 jobs, what would the deception be? You promised to deliver work on your own, you deliver it on your own. The other job has no intersection with your other one, they are entirely independent. The only difference between that situation and the same situation but poor performance is literally just your performance. Poor performance doesn't automatically turn that situation into deception.
The deception is implicit, when you take on a full time role it's commonly understood that you're declaring that you're dedicating yourself to that role on a full time basis, i.e. that you don't have another full time job.
The law is interpreted by human beings, you know, it's not a 'code is law' situation. Remember that a jury would make the final decision. I can see a good lawyer using an argument along the lines of 'well, you said agreed to work FULL time. If a bucket is already FULL would a reasonable person expect the bucket to be able to carry any more load?' and winning.
