

Best way to legally project myself from my current company? - lpsoft

I have been working on a website in my own time for around about 5 years whilst working full time for my current employer.  The website may be of modest financial value now, I currently don&#x27;t charge for the website but am considering doing so in the near future.  Speaking to a friend yesterday he was concerned that my current employer could have a claim on my website as my contract specifies that any ideas I come up with whilst employed belong to the company.<p>I was wondering if there is a way I can create a company so that I can protect myself.  For example does creating the company in my wife&#x27;s name help?  I&#x27;m sure a significant number of web companies start out as hobbies whilst working for a full time employee so I am hoping there are so things I can do to help make sure I create a company on a sound legal footing.<p>Just to add...the website has nothing to do with what my current employer does.<p>Any advice greatly appreciated.
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anigbrowl
The claim in ideas is _usually_ boilerplate to ensure you don't go into
competition with your employer or create a service that addresses some
shortcoming in your employer's product/service. An employment or startup
lawyer would be able to give you a good perspective on how such disputes
actually play out in your state, as well as the probability of such a dispute.
Since you say it has 'nothing to do' with what your current employer does
you'll likely be OK; I would expect that after advising you a lawyer would
then offer to write to your employer's legal department to explain your
position and ask for their OK. This would be better than making a casual
inquiry yourself because it would create a proper legal record of
communication from the outset and avoid arguments about who said what later on
if a dispute should arise. Many lawyers would give you a short consultation
for free or for a minimal fee, since the potential income from business
development later on would be much more valuable. If you're not sure where to
find a lawyer, call your state bar. If you're in Silicon Valley then then
there's no shortage of them.

Don't DIY and put it in your wife's name; in the event that a dispute does
arise that's _exactly_ the sort of thing that a plaintiff would point to as a
denial of honest services, and courts take a dim view of such legal
'workarounds'. If you absolutely insist on DIY then do _everything_ in
writing, send emails from a personal rather than business email address etc.
You can be circumspect (eg say you'd prefer not to say what your traffic is,
should they ask) but don't ever be dishonest - again, when a dispute arises
the first person to lie is often the one that loses in the end.

I'm not a lawyer, and I repeat that you would be far better spending a few
bucks getting a professional opinion than trying to wing it.

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JSeymourATL
Time to go shopping for a good attorney with expertise in employment contracts
& corporate law. You can find one by networking for referrals with other
lawyers. Personally, I prefer sole practitioners, with previous Big Firm
experience. Usually they offer personalized attention, backed with major-
league seasoning, more reasonable fees. You'll want someone who listens, asks
good questions. Here's a good overview>
[http://www.forbes.com/2008/10/08/hiring-legal-help-ent-
law-c...](http://www.forbes.com/2008/10/08/hiring-legal-help-ent-law-
cx_rb_1008bovarnickhire.html)

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lpsoft
Thank you kindly for your comments. As you suggest I think my next step will
be to get some professional advice.

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001sky
Others may be able to give you general advice, but it's important before you
make any actual decisions to have someone also review the specific facts.
Especially if you are planning to transition your employement relationship.
EG, even if you keep this as an external side project you may want to protect
it going forward if you take another full time position (which you may
specifically negotiate in your terms of accepting and offer).

Some of the variables involved: You will need copies of your contracts and/or
employee handbook (or similar) as appropriate. Also relevant may be thinks
like using company resources for your project. And similar along those lines.
Again, its best to focus on being organized with the information you would
need to discuss this with someone knowledgeable, rather than try to anticipate
what such a person may say.

It may be better to solict advice and recommendations for contacts that may be
relevant. The Lawyer would need to review your terms of employment currently.
So, this is one step you can take now if you haven't already.

TLDR: This is (likely) a serious question for a lawyer.

