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Ask HN: How can I work towards building a company while employed?

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Re: Ask HN: How can I work towards building a company while employed?

#181
post #19

> a bunch of contract clauses that basically lets the company own all IP while employed. This is default here as well (Germany), but I only interpret this as stuff done during work time. So the stuff I come up with and the code I write at the office on my workstation is automatically owned by my employee. That's fine, because if it wasn't, that would cause all kinds of legal trouble should I ever leave the company. B…

[Part 2]

But same kind of work (programming), and company can possibly use it for their business (you don't know, even if you think you do) or using even similar code snippets in both programs (and that happens, even only in non-business logic parts of the code doing unimportant stuff) would unfortunately lead to a situation with possibility of conflict. After all, they pay you, to program "things that can be useful to them", so that's your job. Does that mean you can sell them this specific program, just because they haven't yet ordered you to write it in your work time? What do you want to do if they order you at work to write something like you have written in your free time? Being sulky? Writing a "totally different" program from your free time program just because you want to waste their time and money? Bringing your home-grown program which violates all company quality standards to work? You cannot win either way. As said before, the time when you did it, does not matter. (Except of course: before the start and after the end of the employment, you are free (from this employer), but as long as you are emloyed, it does not matter if it weekend.) It is all complicated, because it is not just some stupid and easy to follow rules. Law is not what one side thinks is right, but often times a reconciliation of interests, and it gets messy.

Ask yourself: could a reasonable third party, without knowing your or your employers intentions or even technical details, draw a clear line between your free time work and the stuff you are paid to work on, only by looking at your free time project and the kind of work you and your colleages do in the office? If the only product of your employer is monitoring software and you write the stereotypical Tetris clone: yeah, that case might be easy. Real companies and useful free time projects? Not so much.

Also to train you to think like a reasonable third party: think of a bricklayer laying bricks in his "free time". (Sounds a bit odd, doesn't it?) When would this be acceptable, when wouldn't it? Not so easy. Of course you have to give something up for getting paid.

I would suggest not being a salary slave, but that would be hypocritical of me, because I am.

Get paid enough, save enough, make a clean cut, start project later.

Have other hobbies, go out in the sun, meet some friends, life is too short.

As others wrote: the programming is the easy part of a business, you can easily solve that after you lost your chains.

The line I draw: if it is only for my amusement and noone else can access the work, I will do it for myself. (Strictly speaking, this may also be a relevant work, but that's the line I draw. Some may say: daring, some may say: cowardly. Probably right. Both of them.)

Getting an exception for works within your area of work, for which you do not have to to transfer rights into contract supplement, should be possible at reasonable employers, but check before you start creating the work, don't let them think your work as employee will suffer, and if is commercial, a side-business or similar: that's another independent problem to take care of (no competition, maximum work time as required by law may be applicable, and so on). (Contract supplements are done all the time for more trivial stuff, no big deal. The world changes, and so do contracts.) A small employer might even say: if your work is not in this and this business field, we don't care. For bigger ones it will be the other way around: you will have to be specific on what you want to do and some legal department will check business interests, IP problems, if it is far enough away from your departments work, and so on. This might as well limit the work you can do in the company, so check your career plans.

Check if you need to program at all. The ready solution might be available as open source already. These days many employers also have open source policies, giving you some additional free space for your programming projects while employed, see if you can use that to your advantage. If you are good at project management / people skills: let others do the work.

So let's all stop bitching about the lawyers (a lawyer would have written a more understandable and concise text, but would have charged you more) and the law: the world is complicated and full of conflicting interests, don't expect the business world to work like your hobby projects with your friends. Don't be sad, grow up.

Re: Ask HN: How can I work towards building a company while employed?

#182
post #177

There's a lot of awful legal advice in the comments here much of which ignores key issues like what exactly your contract says, which legal jurisdiction you are in and what you are planning to do. Ignore all of it. If you want to know about the legal consequences of something you would like to do, take your contract to a lawyer before you do it and pay for written advice. As for what you can do to be successful when…

> Build a reputation for competence and integrity so that those contacts think and speak well of you. That's all well and good when you've already got a business up and running. But is there a way to start building those sorts of relationships before you quit your day job? Only way I can think of is by doing contracting/consulting on the side.

> But is there a way to start building those sorts of relationships before you quit your day job?

It depends on your specific job but generally you're going to have colleagues and customers. Today's customer might be a future collaborator. Today's colleague might be a future co-founder. Today's boss might one day be a buyer.

For me, the CEO of a business where I was a dev eventually retired after acquisition and some years later helped me to find investors in my own startup. If he hadn't thought well of me I doubt he would have helped.

You can't really plan all these interconnections, so you have to do this generally and that's a good thing.

Re: Ask HN: How can I work towards building a company while employed?

#183

There's a lot of awful legal advice in the comments here much of which ignores key issues like what exactly your contract says, which legal jurisdiction you are in and what you are planning to do. Ignore all of it. If you want to know about the legal consequences of something you would like to do, take your contract to a lawyer before you do it and pay for written advice. As for what you can do to be successful when…

Great advice. Number 2 is really hard to execute though. What are actionable steps you can take to really learn about an industry/domain. I wish I was a fly on the wall and could observe people's workflows. Thought about making a platform for this like lunchclub. Kinda like how kids shadow professions they may be interested in.

> What are actionable steps you can take to really learn about an industry/domain

(This is from the point of view of someone who has largely been a s/w developer building products sold to customers not in tech).

IMO there aren't any secrets method really, just behaviours that are in some respects obvious but also may run counter some instincts people in tech have. Maybe some of these are overcoming introvert tendencies, maybe some are more about getting outside a tech bubble.

Take opportunities to work directly with customers rather than just from specs or via product managers. If you can help out in pre-sales and go meet a prospect, do it. Read the RFP questions and listen to what the client asks. Think about why.

If you can go help out with an integration project for a month or two, why not? Learn about the other systems your customers use and what they love/hate about them.

Talk to actual users whenever you can. When you deal with a support ticket pick the phone up and have a conversation. Be nosey, show an interest in what they're doing and why. Get comfortable saying "I don't know" to people who do.

Read the background on the industry your customers are in. Is there a regulator? Are there industry news feeds everyone follows? Do the large players publish business plans? Read their reports to investors. Identify the key people and follow their output.

There's nothing particularly insightful here and I expect this is beyond what most people want to do early in their careers but if you want to build enough knowledge of an industry to start a business at some point you'll need to do these sorts of things. Most people aren't going to wake up one day with a killer idea like being hit by lightning, or fall out of college into the next Google. The majority opportunities take some knowledge, experience and confidence to recognise.

Re: Ask HN: How can I work towards building a company while employed?

#184
post #176

Earlier quoted context omitted.

That's why you never sign a non-compete. https://penguindreams.org/blog/why-i-dont-sign-non-competes/ I had a non-compete in a startup contract and I outright refused to sign it. I'm glad I did. They wanted complete control of all the software I wrote too (which up until that point had been GPLv3; all volunteer work). After the startup failed, my efforts in that contract negotiation paid off as I made sure I was allo…

Expired cert and HTTP 503?

Hmm .. seems like my certbot container stopped renewing and my confluence container ran out of memory. I should really add some monitoring. :)

Re: Ask HN: How can I work towards building a company while employed?

#185
post #72

The clauses I have seen attempt to claim all intellectual work regardless of when it was done or whether it was related to the job. To me, this is an indication that we truly have not progressed beyond wage slavery. I believe such clauses should be illegal. I think one thing we might be able to do is to create a list of companies that have blanket clauses like this and then some people (not most) will have the luxury…

In California, such clauses are in-fact illegal.

You are right in the sense that California and few other state have regulations around this. And so far, I have seen not one employee agreement in violation of those laws.

On the other hand, the devil is in the details. You may not be safe still because of these regulations in California.

Re: Ask HN: How can I work towards building a company while employed?

#186
post #72

The clauses I have seen attempt to claim all intellectual work regardless of when it was done or whether it was related to the job. To me, this is an indication that we truly have not progressed beyond wage slavery. I believe such clauses should be illegal. I think one thing we might be able to do is to create a list of companies that have blanket clauses like this and then some people (not most) will have the luxury…

I'm kind of mind-blown reading this thread. Right now I'm working on a product of my own, and I'm currently employed. The product has absolutely-zero-nada-nothing to do with what my company does, I do it on my own time, with my own money, with my own machine. Are you saying that I still may not be legally in the clear? If so, that is incredibly insane, and I can't believe clauses like that actually exist. Not sure ho…

One thing I would mention is to check your state/city/province/country laws etc. I am not 100% certain but I remember reading in California such clauses aren’t allowed so you can do whatever you like in your own time or something. Double check though.

Re: Ask HN: How can I work towards building a company while employed?

#187
post #142

> what can I do while employed to have a better chance of succeeding when I do start a company? Market research! If there was one single thing I should have done more of before quitting my job to start a company it was making sure people would buy what I was going to build. If there was one single thing I should have done less of before quitting my job it’s spending time building something I wasn’t sure people would…

Ha, but if you are actually "sure", as usually people are :). No seriously, excellent point, I knew about it and still did it wrong way.

Re: Ask HN: How can I work towards building a company while employed?

#188
A side note:

> even startups paying $30,000 work for me

Value yourself and your expertise more. You should expect 2x or 3x the mentioned amount from any respectable company, or even more if it's a position requiring expert-level knowledge. You being from a third world country should not affect your paycheck. If you're the same, or better, compared to someone in the SV, you should both be valued equally.

You can get a better paying job, keep the same lifestyle, and save the extra cash so you can afford longer breaks while you work on your stuff, or to invest it, so you have additional cash flow.

Re: Ask HN: How can I work towards building a company while employed?

#189
Have you considered creating or contributing to an open source project?

If your strategic in your choice, you can build some experience in what you want to do for your side project.

After you get a little bit of experience at the day job, you can always switch to a new position that is more friendly to what you want to do.

Re: Ask HN: How can I work towards building a company while employed?

#190
post #98
post #26

A.f.a.i.k. while I am not a lawyer, rule of thumb is anything you do * on your own equipment * on your own time can be considered yours. If you want to be extra sure, maybe consider first switching from employment to consulting? A friend of mine was primarily a consultant in pc-game-marketing space and then he founded a company, slowly building out a product. On the other hand, I get that going for consulting gigs ca…

How many hours do you work during the 4 days? What do you generally give up during your negotiations for the 4 days?

I work 8 hour days. But we have fairly flexible policy and I work at a company where nobody cares, as long as your pull-requests keep comming and you respond on slack :P Everybody just knows that for me, that won't happen friday-sunday.

Negotiation looked like this:

They: so we would like to hire you,what salary would you have in mind?

Me: I'd rather you tell me, but I would especially be open, if I could have only 4 day work-week

They, after some back and forth: ok, we would give you X

Me: To clarify, X for a 4 day workweek? That sounds good!

Them: Ehm, we meant for full week, but no problem with 80% X for 4 day workweek

Me: ah, let me think it through

Them: we can make it 85% X for 4 day workweek, if that would make it better

Me: ok, will let you know ... by friday?

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