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  1. #1
    Join Date
    Feb 2015
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    6

    Default Is a Government Employee Allowed to Start His Own Business

    If a government employee (research staff) starts his own business. He is not employed in the business. But he keeps regular communications with the staffs in the business during official hours in his government work. Will this be considered as misuse of position? Thank you!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Query About Misuse of Position for Goverment Employee

    What state is this in? Is the person in question a federal or state employee? What does the employee's agency state regarding outside employment, which owning a business will likely be considered?

  3. #3
    Join Date
    Feb 2015
    Posts
    6

    Default Re: Query About Misuse of Position for Goverment Employee

    Thank you very much for your reply!
    It is federal agency.
    It follows general government employee rules such as "(j) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities." But I did not find the rules of owing a business. I think if he owns a company which only work after hours, it should be fine. And he is does not get any salary from the business.

    Will his activities for his own business in the official time be considered as illegal or not? Thank you very much!

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Query About Misuse of Position for Goverment Employee

    And you don't think that working on your own business during time that the government is paying you to work for them, is in conflict with his duties and responsibilities?

  5. #5
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Query About Misuse of Position for Goverment Employee

    Misuse of one's position usually refers to demanding a discount on something that is not available to all government employees or using information that is only available to the employee because of their employment to their personal advantage. However, there is the potential for misconduct depending on several factors.

    There are two areas you can look at. First, you need to know if there is a prohibition against or limitation on making personal phone calls while engaged in government employment. If so, that may address your problem.

    Second, you can determine if the number and length of these personal phone calls has caused the employee to inexcusably neglect his job duties. In doing so, you will need to identify:

    1. What specific tasks in that individual's written duty statement were neglected because of these calls

    2. The date and time this occurred

    3. The length (time period) of the neglect

    4. Finally, you will have to articulate how the failure to perform these duties adversely harmed the mission of the government agency in question

    If you can establish those things than you may be looking at disciplinary action for Inexcusable Neglect of Duty or Misuse of Government Time.

  6. #6
    Join Date
    Feb 2015
    Posts
    6

    Default Re: Query About Misuse of Position for Goverment Employee

    Thank you very much! I agree with you. But it may depends on different conditions like what L-1 says, is that right?

    - - - Updated - - -

    Thank you very much for your detailed reply.
    For the first one: There is on specific regulation, but it is not supposed to spend too much time on personal items during working time, as cbg just said. Is that right?
    For the second:
    1. What specific tasks in that individual's written duty statement were neglected because of these calls
    no records on this
    2. The date and time this occurred
    3. The length (time period) of the neglect
    2&3: Will thousands of emails counts? It occurs on regular daily basis
    4. Finally, you will have to articulate how the failure to perform these duties adversely harmed the mission of the government agency in question
    no records on this

    I can not prove the 1&4. but it is not surprised that his work will be affected if he is regularly involved in other business. For example , he has to reply the several emails daily. Is this correct?

  7. #7
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Query About Misuse of Position for Goverment Employee

    Before we go any further in this matter we need to establish what your standing is in this matter.

    Are you someone who has any degree of supervisory responsibility over this employee's job performance or are you simply a co-worker? This is important for several reasons.

    As described, your regulation sounds vague and unenforceable as there is no way to clearly define not being able to spend "too much time" on personal business.

    If you are unable to articulate what the employee's duties are or how he failed to perform them because he was engaged in personal business, you will be unable to prove neglect of duty.

    Sending and receiving thousands of emails regarding a personally owned business on a government computer may constitute misuse of government property if your have a policy prohibiting use of the computer for anything other than government business. However, I have to ask how you know about the thousands of personal emails? There are numerous federal and state laws that prohibit accessing someone else's email accounts without their consent. Unless you are in this person's supervisor chain of command and the Terms of Service for your agency's computer network give you access to your subordinate's email accounts, how you came to have knowledge of the contents of a co-worker's emails may put you in the investigatory spotlight.

    So again I have to ask, are you someone who has any degree of supervisory responsibility over this employee's job performance or are you simply a co-worker?

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