Live data from Hacker News

Ask HN: My company wants my side project. What can I do?

news.ycombinator.com

61–70 of 327 posts

Re: Ask HN: My company wants my side project. What can I do?

#61
post #49

Find a lawyer, ASAP, that specializes in employment and / or IP. This is a legal issue and you need to solve it with people that know the law. Talking, signing, admitting things, etc, only hurt you. Depending on your country and state, as well as your employment agreement, there are a lot of impactful variables. Intuition and personal relationships are not going to help you solve this issue, especially, absent knowin…

Thank you for the comment! I totally get what you and other threads are trying to say and I don't disagree with what you are saying. I probably should have cleared this out in my original post (my bad) that I do not wish to pursue the legal route. I personally feel that in my case, it will just drain everyone's energy for not much gain at the end. Also, personal relationships matter to me as well. I'm trying to find…

You are not understanding. You do not only talk to lawyers to sue people. Lawyers are the only people here who know the law and are on your side. You should not be asking HN what your options are: you should be asking your lawyer what your options are. And your lawyer, not the company's lawyer.

Re: Ask HN: My company wants my side project. What can I do?

#62

Earlier quoted context omitted.

> If he had that kind of money he'd be talking to a lawyer not us. He, and you, may not know that you do not always need money up front to engage the services of a lawyer. Many lawyers extend credit to their clients or allow clients to condition their fee on a successful outcome (a contingent fee). Depending on the desired outcome in this case, such an arrangement may be easy. For example, if OP wants to arrange a sa…

My point is you don't need to say obvious things. It's a waste of everyone's time.

The obvious is not always obvious to everyone. Isn't it a waste of time trying to control the obvious?

Re: Ask HN: My company wants my side project. What can I do?

#63
post #26

Find a lawyer, ASAP, that specializes in employment and / or IP. This is a legal issue and you need to solve it with people that know the law. Talking, signing, admitting things, etc, only hurt you. Depending on your country and state, as well as your employment agreement, there are a lot of impactful variables. Intuition and personal relationships are not going to help you solve this issue, especially, absent knowin…

Listen to this person. The people telling you to talk to your employer are giving you terrible advice. You can still do that after spending 30 minutes with a lawyer, but you can't take back anything you say before you talk to a lawyer.

Always always always talk to a lawyer. If your dog walker (at the peak of their career) friend was like “I need a website” you wouldn’t be like “learn JavaScript” you would say find a programmer. If I had 10 dollars for every time I had to spend weeks convincing an engineer friend to talk to an attorney and then when they finally did it got dealt with in 30 minutes... Lawyers are just “full stack law architects” do your self a favor

Re: Ask HN: My company wants my side project. What can I do?

#64
post #46
post #32

What kind of outcome do you want? Most of the responses here concentrate on trying to get some kind of financial return for your work. That's important, but for you it might not be the most important thing (you were giving it away and working on it in your spare time, right?) Consider asking to make it your full time job, or something like that. You clearly know the field well, and you've managed to build community.…

> What kind of outcome do you want? I wish I knew myself better. Maintenance and taking the product forward will naturally become part of my job, so that's a given (and I'm happy about it). What can I ask more for is what I'm trying to figure out and having a hard time. I'm generally creative with software and products but I'm really bad when it comes to negotiations and figuring out a good barter. I absolutely don't…

And both of you will be better off if that thing you work out is sound and in both your interest. Perhaps you’re both happy now, but what about next year? What about when you move to another company? Take the advice: consult with a lawyer.

Re: Ask HN: My company wants my side project. What can I do?

#65
I’ll go against the “get a lawyer” advice everyone is giving you.

It’s pretty clear you have no legal position.

But you are the key player in the project.

So negotiate. Decide what you could get out of it and ask for it.

There should be no lawyer involved with this cause it’s not a legal negotiation.

Re: Ask HN: My company wants my side project. What can I do?

#66
post #12
post #6

Whether or not your employer can claim ownership in court depends entirely on your contract. But no matter what's in your contact, that route is probably not your best option. From what I understand, you created, in your own time, a project that is valuable to your employer, and that they want to use and develop. You're the expert on this project. Not just that, you designed every aspect of it, popularised it, and yo…

> Whether or not your employer can claim ownership in court depends entirely on your contract. Entirely this. I got burned by this years ago, developing side project that was completely unrelated to the sort of work my employer did, and was not developed using any company resources. But my employment contract specified that my employer had first rights to anything I developed at all during the term of my employment.…

[deleted]

Re: Ask HN: My company wants my side project. What can I do?

#67
post #12

Earlier quoted context omitted.

> Whether or not your employer can claim ownership in court depends entirely on your contract. Entirely this. I got burned by this years ago, developing side project that was completely unrelated to the sort of work my employer did, and was not developed using any company resources. But my employment contract specified that my employer had first rights to anything I developed at all during the term of my employment.…

> I got burned by this years ago, developing side project that was completely unrelated to the sort of work my employer did, and was not developed using any company resources. But my employment contract specified that my employer had first rights to anything I developed at all during the term of my employment. Seriously? Did you not read the contract? Most contracts specifically say that the work has to be RELATED to…

sometimes clauses are implicit in the law or collective contracts or come from case law so on the contract you sign you don't have to specify it, contracts are still bound by law and law takes precedence most of the time and ultimately you have to read the whole thing to know what a contract actually bounds you to in it's entirety, which is way you resolve disputes you need a specialist

Italy for example has a blanket "we own everything" statement on the standard collective contract, and to work around that you need to write an agreement and sign it on the side (not on the main contract) or it won't stick in court because all clause against the collective contract are considered vexatious by default and require special care

Re: Ask HN: My company wants my side project. What can I do?

#68
post #49

Find a lawyer, ASAP, that specializes in employment and / or IP. This is a legal issue and you need to solve it with people that know the law. Talking, signing, admitting things, etc, only hurt you. Depending on your country and state, as well as your employment agreement, there are a lot of impactful variables. Intuition and personal relationships are not going to help you solve this issue, especially, absent knowin…

Thank you for the comment! I totally get what you and other threads are trying to say and I don't disagree with what you are saying. I probably should have cleared this out in my original post (my bad) that I do not wish to pursue the legal route. I personally feel that in my case, it will just drain everyone's energy for not much gain at the end. Also, personal relationships matter to me as well. I'm trying to find…

The best way to not "go the legal route" is to find out what is legally open to you and what is not, and then negotiate from confidence rather than ignorance. Failing to do legal homework up front is actually an easy way to accidentally end up in court.

Re: Ask HN: My company wants my side project. What can I do?

#69

Find a lawyer, ASAP, that specializes in employment and / or IP. This is a legal issue and you need to solve it with people that know the law. Talking, signing, admitting things, etc, only hurt you. Depending on your country and state, as well as your employment agreement, there are a lot of impactful variables. Intuition and personal relationships are not going to help you solve this issue, especially, absent knowin…

Have used George Grellas (longtime HN poster) for things like this in the past and been very happy: http://grellas.com/

Re: Ask HN: My company wants my side project. What can I do?

#70

Find a lawyer, ASAP, that specializes in employment and / or IP. This is a legal issue and you need to solve it with people that know the law. Talking, signing, admitting things, etc, only hurt you. Depending on your country and state, as well as your employment agreement, there are a lot of impactful variables. Intuition and personal relationships are not going to help you solve this issue, especially, absent knowin…

But this is the obvious answer. OP didn't need you to tell him to get a lawyer. If he had that kind of money he'd be talking to a lawyer not us. I mean I know you meant well and I know I probably sound like a negative jerk but yeah of course it's a legal issue and he should talk to a lawyer. It's like if someone has a stomach ache and they asked online what it might be and someone tells them they should see a doctor.…

It isn't necessarily obvious, and if the question is being asked, it needs to be said.
Post reply on HN