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Ask HN: Should a 'no side projects' policy be taken seriously?

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11–20 of 71 posts

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#11

Yes, any project that you create while you are employed by the company, company time or your time, belongs to them. That's what you agreed on when you signed the contract. That's why you hear about some tech founders offering their side project to the company they work for before they continue with their venture. The company can decide to keep it or you can agree with the company that they don't want it and you can k…

And if you do seek permission, get it in writing.

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#12

As an employee you have a duty of loyalty to your employer. I’m not sure about side projects generally, that is probably a Cyprus specific question. But I’d be shocked if it’s legal anywhere to release a product that competes with what you work on at your job. That’s just common sense. You would likely be violating not just your employment contract, but also trade secret, copyright, patents, etc. This is egregious en…

'As an employee you have a duty of loyalty to your employer'

Incredibly naive if someone does this. In a employee/employer relationship, I believe one should only be loyal to themselves. Again, have integrity and don't steal stuff, but be loyal to yourself.

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#13

As an employee you have a duty of loyalty to your employer. I’m not sure about side projects generally, that is probably a Cyprus specific question. But I’d be shocked if it’s legal anywhere to release a product that competes with what you work on at your job. That’s just common sense. You would likely be violating not just your employment contract, but also trade secret, copyright, patents, etc. This is egregious en…

'As an employee you have a duty of loyalty to your employer' Incredibly naive if someone does this. In a employee/employer relationship, I believe one should only be loyal to themselves. Again, have integrity and don't steal stuff, but be loyal to yourself.

This is a legal concept. You have to be loyal to your employer. You can’t intentionally undermine their business, charge them for hours you didn’t work, etc. It doesn’t mean that you have to go out of your way to advance their ends.

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#15

It’s not enforceable if the employer cannot prove beyond reasonable doubt that you have used company resources on it. Time, hardware, IP, skills, domain knowledge. First three are obvious but you can be put on the hook for using skills and understanding obtained on company dime, too.

Based. If what you're working on isn't even within the same realm as corporate, why should they care? Build it, get a new job, and release it. Stop letting corporate take what isn't theirs

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#16

It’s not enforceable if the employer cannot prove beyond reasonable doubt that you have used company resources on it. Time, hardware, IP, skills, domain knowledge. First three are obvious but you can be put on the hook for using skills and understanding obtained on company dime, too.

No jurisdiction uses "beyond reasonable doubt" as the standard of proof for contract disputes.

The process is the punishment: their license to sue is typically enough to force you to disgorge any IP rights -- unless you have free attorneys.

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#18

Yes, any project that you create while you are employed by the company, company time or your time, belongs to them. That's what you agreed on when you signed the contract. That's why you hear about some tech founders offering their side project to the company they work for before they continue with their venture. The company can decide to keep it or you can agree with the company that they don't want it and you can k…

"created by employee during his work"

Spare time isn't work though. Or does my company also own the food I made yesterday, the children I made...

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#19

Yes, any project that you create while you are employed by the company, company time or your time, belongs to them. That's what you agreed on when you signed the contract. That's why you hear about some tech founders offering their side project to the company they work for before they continue with their venture. The company can decide to keep it or you can agree with the company that they don't want it and you can k…

is this US concept where you are hired to do a job as opposed to Europe where usually working time is fixed and defined?

Re: Ask HN: Should a 'no side projects' policy be taken seriously?

#20

Yes, any project that you create while you are employed by the company, company time or your time, belongs to them. That's what you agreed on when you signed the contract. That's why you hear about some tech founders offering their side project to the company they work for before they continue with their venture. The company can decide to keep it or you can agree with the company that they don't want it and you can k…

I don't think this should be taken as legal advice. Though it reflects the strict wording of the contract, most jurisdictions apply a reasonable filter to this. We also don't know what law the contract is subject to unless I missed it on my quick read.
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