Advice on moonlighting?

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psych1872

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Hello all,

Hoping to get thoughts about a tricky situation I’m in regarding my desire to start moonlighting. I’ve worked as a psychologist for a contracting company for a year. Now that I’m a bit more settled in the position, I am hoping to boost my income a bit, so have started to consider opening up a small side private practice (e.g. teletherapy 1-2x/week). I checked the policies and procedures manual for my quite large company, which includes a statement about conflicts of interest and second jobs, which states that “COIs are prohibited unless an employee receives approval”.

About a month ago I contacted my employer by email and thoroughly explained the situation, detailing that my hours would not overlap, etc. The company responded quickly and said they would get back to me about what would be necessary to have a side gig, but did not email me back after their initial reply. After several weeks of hearing nothing, I emailed to kindly remind them of my request and follow up, and received no response from them -- this correspondence included both HR and my direct supervisor.

At this point, I’m at a loss about what to do in terms of correct protocol. I have explicitly tried to get approval, and have evidence of that, but no formal approval or denial. I fear if I keep bothering them, they may be more likely to say no — or that perhaps no formal answer is an “an informal answer” in and of itself (e.g., we won't give formal permission, but if your gov. supervisor finds out and is not happy about it, we didn't give approval). On the other hand, this would be an extremely easy issue to get “caught” from, given that I’m sure my psychology today page, etc, would be one of the top hits on google.

Anyone been in a situation like this? Any thoughts on what to do? FWIW, I know several providers at the VA in my city who have a side PP but who never asked for formal approval to do so. It seems like they operate on more of a “act and ask forgiveness later” model?

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At a minimum, you'll need to iron out billing. You may be credentialed with insurance through your place of business, but not necessarily individually. May need a separate contract for that. Easier to do for VA employees as they do not need to be credentialed in quite the same way being a federal entity. Doable, you just have to make sure to cross your t's and dot your i's. Additionally, I'd check your employment contract, that should have the answers that you need.
 
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Thanks. I suppose my question is, though, if I don't receive explicit permission from my employer, yet have attempted to get it, is it fairly safe to go ahead and open a side PP? My plan would be to get on some insurance panels and get reimbursed that way. I also already have separate liability insurance.
 
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Thanks. I suppose my question is, though, if I don't receive explicit permission from my employer, yet have attempted to get it, is it fairly safe to go ahead and open a side PP? My plan would be to get on some insurance panels and get reimbursed that way. I also already have separate liability insurance.

My non-lawyer perspective: if it's prohibited without approval of your company, probably not. If email isn't working, I'd definitely try calling, or talk with your supervisor in person. You'll of course want any answer they give in writing, but they may be more likely to (quickly) respond to a phone call.

But I would also think your contract is potentially the be-all, end-all arbiter.
 
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Worth noting that a PP on the side might or might not constitute a formal COI. At least here, the language about having a second practice is MUCH more specific for that reason as a vague reference to COI would probably could not be reasonably construed to apply. COI would refer to (for example) consulting with the insurance company around billing practices or other things that could run more directly counter to the employer's interests. This depends a lot on local customs/markets/etc. so that could obviously differ in your market.

I wouldn't hesitate to continue to bug people. I would probably talk with my direct supervisor more informally as a next step during the next meeting to see where things stand (assuming you have a good relationship with them) and figure out where to go from there.
 
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I am also not a lawyer. However, I would tell you to pay an attorney specializing in employment/contract work for an hour of their time. Find out what a reasonable standard is for attempting to inform your employer, document that you have done that (in person, phone will not count), and go ahead and open your practice.

Is there a risk you will piss off your employer? Yes, the question is how much do you care?
 
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