

Ask HN: Legality of freelancing on the side? - maybecontract

I&#x27;m considering doing some freelance work on the side for the last company I worked for, in addition to my full time job as a software engineer. The companies are in different fields and, as I am in CA, I don&#x27;t think it would violate my main employer&#x27;s IP agreement to do some limited work on the side not using any company computers or equipment.  However, I&#x27;m not totally sure what to watch legally.  In particular:<p>1. Are there any particular legal issues I should look out for? (e.g., contract provisions or something)
2. Should I ask permission from my current company?
3. Any examples of contracts that do not require full assignment of IP? (i.e., I want to limit assignment of inventions to just the code &#x2F; ideas I deliver to the company directly)
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techjuice
Read the documents you agreed to before starting work. There have been some
really nice jobs that I have had to pass on due to clauses like this which
would limit my learning and earning potential when not working for them which
would be unacceptable. If you see some verbiage that starts to look very
confusing about what is their time and your time that is probably the clause
that says they own everything you do while employed by them, especially if
there is a section to list your current creations and if they are not listed
or new ones are created they are the sole property of the company on or off
the clock.

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greenyoda
_" Should I ask permission from my current company?"_

If you ask them for permission, you run the risk of their saying "no" and
threatening to fire you if they find out you did. Better not to tell them
anything unless there's actually a legal requirement to do so. And to find out
what the legal requirements are, you should probably talk to a lawyer who
practices employment/IP law in CA. They may be able to tell you some
interesting things, like which clauses in your employment contract are not
enforceable under state law (e.g., like clauses claiming that IP you create on
your own time is owned by the company).

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eswat
If there’s nothing in the contract or IP agreement with your current employer
saying you can’t work for other companies on your own time, and that the work
you do on your own time isn’t owned by them, then I don’t see any legal
grounds they’d have to say no to you doing this.

However, that’s different from the company’s general attitude they might have
with you doing this. Do you find the founders or managers of the company are
laid back enough that you can just casually let them know you’ll be doing some
contract work in your own time? If not, from personal experience, they may be
the type of company to reprimand you if they find out.

I also recommend talking to a lawyer about this as they will cut right through
the thorny issues and tell you what’s what with your contracts.

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Gustomaximus
Never do side work on company time or on their equipment. I've seen someone
walked out of the office for this.

Never do work that could be in the slightest view competitive.

This puts you in a fairly good ethical position. Outside this legal seems to
be iffy, related to your contract specifically and where you live. I'd have a
chat with HR if your willing to take a no, or not ask if your going to ignore
if you get a no.

