He's not stealing from anyone. Stealing means taking something that isn't yours. He's engaged in a willful transaction with an employer, it's just that it leave

He's not stealing from anyone. Stealing means taking something that isn't yours. He's engaged in a willful transaction with an employer, it's just that it leaves him enough time and capacity to do side work. I'll believe in good faith that his employment is constantly monitored and evaluated. From the employer side there are sometimes considerations why to keep someone around. Could be morale, regulations, keeping resources for something legacy or something in the future, etc.