He is stealing work time from both companies but only one is providing a company vehicle which ups the level of stealing for that company.
He is stealing work time from both companies but only one is providing a company vehicle which ups the level of stealing for that company.
Fire him now and worry about the criminal charges afterward. Better yet, unless it's been going on for a while, don't worry about criminal charges. If you are the one providing the company car, recover it and be done with him.
Have to wonder if OP is one of the employers or just someone who is aware of the situation and trying to get that person in hot water...... He/she can definitely report the person to one or both employers. Whether they will be believed is another issue if they have no relationship with either employer.
I apologize I guess this comment didn't post:
I am not the employer or the employee. This person is in leadership for a non-profit for which I have oversight. I hate to start this process which can lead to all kinds of trouble when the argument could be made that this is "not right, (which is subject to opinion) but not illegal" it just seemed go me better to have something more solid to bring to the table because it will be messy. It sounds like only a judge can ultimately decide that. Its sticky. -thanks to those of you who were helpful.
If I had oversight of a non profit in any way, I'd make sure my cohorts also had knowledge of this situation. Then I'd let it be.
Assuming you are on the board of directors of the not-for-profit or something similar you have a fiduciary duty to inform the rest of the board and/or those that can do something about it.
I think OP believes that the BoD won't care if this person is doing something unethical, only if he's doing something illegal. And that the BoD will become angry with him if he recommends that the person be fired.
But as PayrolGuy said, OP doesn't have to recommend firing the person, all he has to do is report the issue to the BoD and let them decide what (if anything) to do about it. (And if they do nothing, maybe spend a little time wondering if these are the sort of folks he wants to be professionally associated with.)