Quick question about software contract

[TooPatient]

Sorry to not be around much and pop in with a question like this.

DH has an interview (still in phone stage) with a startup. They want to pay about 30% less than he had been making which was still in the low end for what he does.

As they talk about pay and other benefits, we want him to be able to add a couple of things to offset the low pay. Telecommuting a couple of days a week is easy and no problem.

What is the wording that allows him to keep creating software for our company while working for them? This would be in his "off time" (say evenings and weekends and days off) and using only our equipment. Also not the same sort of software. (fitness and other apps compared to large scale data collection stuff)


Thank you! We really need him working. The pay cut is okay for now but would be a problem if we couldn't keep the other going too...

 

[iLander]

Why would you ask them this?

IF there is nothing in the contract specifically stating that he cannot do side projects, then don't mention it. You'll just freak them out.

In business, the saying goes "It's easier to ask forgiveness later than it is to ask permission at the start."

Let it slide, otherwise you'll make them insecure and the next guy (who I BET is doing side stuff) will get the job.

I had lots of employees that worked in the type of field that side projects were common. I didn't ask (because it's none of my business) and they didn't tell.

 

[Karl_K]

No, do not let it slide and not talk to them.
This needs to be clearly spelled out or the company can later claim they own his other software!
You need to consult an attorney to make sure his outside work is protected.
In many states the case law is on the side of the employer.

 

[Diamond_Hawk]

No, do not let it slide and not talk to them.
This needs to be clearly spelled out or the company can later claim they own his other software!
You need to consult an attorney to make sure his outside work is protected.
In many states the case law is on the side of the employer.

+1 !!

 

[amc80]

No, do not let it slide and not talk to them.
This needs to be clearly spelled out or the company can later claim they own his other software!
You need to consult an attorney to make sure his outside work is protected.
In many states the case law is on the side of the employer.

Yep. My former company had a clause that said they owned all IP you did while you were an employee, regardless of what it was. Same thing with patents. Definitely check it out thoroughly.

 

[TooPatient]

No, do not let it slide and not talk to them.
This needs to be clearly spelled out or the company can later claim they own his other software!
You need to consult an attorney to make sure his outside work is protected.
In many states the case law is on the side of the employer.

Yep. My former company had a clause that said they owned all IP you did while you were an employee, regardless of what it was. Same thing with patents. Definitely check it out thoroughly.

DH has worked for companies that included this in their hiring agreements. The last company allowed some stuff but was vague enough that some people ran into problems...

This is why we want it specifically called out. Better to be clear upfront. It is not uncommon to have clauses to allow this.

Hoping to find the standard clause without our attorney. If I have to, I will write one up myself and just have the attorney check it over to be sure.

Trying to keep costs down. Just got the respond in 30 days as we are about to star foreclosure letter....

 

[iLander]

I talked to DH about this and he said everyone else was right. Apparently, this is what the world has come to; corporations own people even in their off time.

I think this is a sad state of affairs.

But this explains why I am sooo not employable, and have had to be self-employed for 30+ years.

I'm back in the '70's when people didn't want to be "working for the man". Of course do what you have to do make an income. Bravo to you for standing up for yourself.

I'm not made for this new world.

 

[NovemberBride]

Please get a qualified attorney to look at this. I understand funds are tight but it is too important not to do so - your attorney may be willing to work out a payment plan. Consider whether you would rather spend a few hundred/thousand now versus tens of thousands litigating the issue later should he develop a side app that takes off and his employer decides that he wants his share. Side note - I am an attorney and we cannot ethically give advice over message boards. I would consider any free legal advice given over the internet from an anonymous person to be worth exactly what you paid for it. This issue comes up all the time and unless you have specific language protecting your right to work on the side the employer is likely to prevail.

 

[TooPatient]

November -- Yep. We have a great guy who takes care of all of our stuff. He lets me write initial draft if he doesn't already have template and then does some edits to get the language right. Top rated guy and well respected in this area. I just wanted to check to see if there were any things to make sure I included or looked for in his template.

I need to call him today anyway because my grandparents need him to take care of some stuff.