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

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21–30 of 71 posts

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

#21

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…

Hmm yes, in the same way they are loyal to employees despite being able to fire them with no notice? Terrible ideology.

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

#23

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…

> 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 happens everyday. In fact most companies are found by people who already work in the industry. You simply should not steal trade secrets, copyright or patents.

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

#24

I'm not a lawyer, but first clause and it's variations are common in contracts and it's ment to protect the rights of company for IP developed at work. It definitely is not ment to apply to things u do in your free time. As long as you do your stuff on your own hardware, it does not relate to IP or source code your employer owns, or does not provide competing services to your employer's customers, I don't see how you…

It doesn't say anything about location or work hours in the contract. (I guess to avoid responsibility for periods of crunch)

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

#25
Yes it should be taken seriously, even if the company claimed it was not to be taken seriously. Whether it's enforceable or not or to what it really applies is irrelevant. The important thing is that they may sue you for anything you may create while you work there. The question you should ask yourself is, "do I want to find out." My advice, since your boss's response wasn't something like "Oh, that's just required by our investors, we are going to give you an exception on the thing you want to work on.", don't work on any side thing while there, and walk out as soon as possible.

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

#26
I am not from the US so I don't know what kind of dystopian regulations you guys got over there.

But: if the company wants the fruit of the work you do outside of paid time, they should pay you 24/7.

If they decide that is not worth it, they should not expect to see any of your work.

So this might just be a very bad contract..? From the corp perspective I understand they would like to prevent you from creating a product that relates to their core business. This is only fair.

Maybe you can get them to allow certain different (unrelated to their core business) exceptions?

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

#27

Yes it should be taken seriously, even if the company claimed it was not to be taken seriously. Whether it's enforceable or not or to what it really applies is irrelevant. The important thing is that they may sue you for anything you may create while you work there. The question you should ask yourself is, "do I want to find out." My advice, since your boss's response wasn't something like "Oh, that's just required b…

Or tell your boss that this will be the reason for walking out. If they want to keep you this exception has to be put in writing.

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

#28
post #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...

The food and the children are not intellectual property, if the recipe is original though, they technically own it.

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

#29

I'm not a lawyer, but first clause and it's variations are common in contracts and it's ment to protect the rights of company for IP developed at work. It definitely is not ment to apply to things u do in your free time. As long as you do your stuff on your own hardware, it does not relate to IP or source code your employer owns, or does not provide competing services to your employer's customers, I don't see how you…

It doesn't say anything about location or work hours in the contract. (I guess to avoid responsibility for periods of crunch)

It's not just crunch, it's to have the ip rights for anything you create during your downtime they might want to use/sell.

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

#30
This is one of these grey areas where the clause is in the contract mostly to deter the employee from working in the same industry on the side, poaching clients, or using your position in the company to build a competing business on the side.

Assuming you are in tech / software development, that clause suggests you are not aloud, for example, to play in a band that is paid to perform at weddings at the weekend. That clearly isn't the intent of the clause.

Say you work in FinTech as a software developer, but at the weekend you want to make computer games. You are doing software development but it's in no way connected to your employment, again that is clearly not the intent of the clause.

Say you work in a specific industry, FinTech, Gaming or something, and you have an idea for a development tool that would aid people in your line of work, but isn't something that would be a "product" that your employer would make themselves as it's not their core business. It may be the kind of tool that your employer may purchase to make development easer, or to use in their backend. Then you should speak to them, pitch the idea, most good employers are likely to be happy for you to work on that sort of side project, especially if you let them use it for free or at a discount.

The closer your side project becomes to your day job the more likelihood you should speak to your employer first. If they are difficult about it, un justly, then it's an indication that it may be time to move on and find a new employer.

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