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Ask HN: I want to start a company, but I am currently overemployed

3 points by hashxyz ↗ HN
Context: I have been working multiple SWE jobs, remotely, since early in the pandemic. None of the companies know I am doing this. It's been very time demanding, but also financially and intellectually rewarding. Some of the companies are FAANG.

I want to start a company, but I'm worried about the potential legal/ethical fallout from what I have done. I've kept a low profile so far, but obviously if I start a company I will need do a lot of networking, and people will need to know my background. If my work history is publicly known, there is some risk of litigation from the massive-cap companies that I have worked for.

I don't feel I've done anything ethically wrong. I work 80hrs most weeks, and received feedback and promotions from each of the companies. I have never breached any NDA or employment agreement, except for the obligatory clause in most salaried contracts: "don't engage in any other employment, not even as a cashier at Taco Bell". That said, it is a legal grey-area, and a well-funded lawsuit could drag on for a long time.

The company I want to start would be creating a software product which plugs into, or perhaps replaces one of the products I currently work on (it's a very old piece of software). I don't believe this would breach any contracts, since other competitors were born out of similar circumstances (minus the overemployment)

I wanted to get some other perspectives on my situation. Is it salvageable? Or did I ruin my chances by having a non-conventional work history?

17 comments

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aerostable_slug
My caution: I worked for a $megacorp that had retained numerous outside counsel firms and had over a floor in the HQ skyscraper dedicated to in-house lawyers.

If they felt like making an example of a person, they could (and likely would) litigate you into the ground. I honestly don't know if your present/past employers would or wouldn't do that, but it's a nontrivial risk and if it occurred you would be in one heck of a tough spot.

I'm not sure what I'd do, tbh. Without a really good story ("My relative had an exotic disease named after her and I needed to raise cash for an experimental treatment only available in Gstaad during a full moon."), you not just risk legal action, but also risk leaving a bad taste in someone important's mouth ("Will hashxyz two-time me/my investment, as well?").

Is it possible to find someone else to be the point person, while you hang back for the initial phase(s)? If it comes out after you've already got momentum, things may turn out alright. However, as you know, it's a dice roll.

hashxyz
There are multiple FAANG companies involved, so I am sure they would make an example of me if they had a chance. I think the push for RTO is due in some small part to the fact that my situation is almost impossible for companies to prevent right now.

That last suggestion actually seems like a good idea that I hadn't thought of. I think I would fit a lot better as a CTO than a CEO, so I will see if I can aim in that direction.

codingdave
I'm not sure why you think this is a legal grey area. If you have a clause that says no other employment... and you have other employment, that is not very grey. Especially if one of them comes with FAANG compensation, the courts will hardly buy an argument that you were not compensated for that limitation.

IANAL, so I could be totally wrong, but this does not seem grey at all. You broke a contract. The question would be about consequences, not the contract.

hashxyz
I already talked to a lawyer about it, and you are correct to the extent it is a breach of contract. If it ended up in court, it would only be a civil suit so I couldn't go to prison (I was worried about that). The question then is just what kind of damages they could ask for. Based on the fact that I didn't abuse any competitive position, and I did my jobs to the extent that I was promoted at all of them, I don't see any damages there. But who knows how else a well-payed lawyer could try to ruin my life.
yuppie_scum
If you can’t do the time, don’t do the crime.
hashxyz
As stated already, there would be no time, but maybe they would bankrupt me.
icedchai
Unless you are in a prominent, high level position, the worst case scenario is they let you go. You kept up with your work, even got promoted, and good engineers are hard to find these days. Don't draw attention to yourself.
[deleted]
(comment deleted)
hashxyz
> Don't draw attention to yourself

That's what I've been doing up to this point. Unfortunately I am naturally starting to build a name for myself as I become the only person with much knowledge on the projects I work on. Trying to start a company would obviously mean ramping that up even more.

aynyc
As long as you keep a low profile and not blase about your unusual work history, I doubt anyone would care enough to litigate you.
ddingus
Quit. Then start what you want.

Should ending your employment be a big deal, perhaps better arrangements are possible.

You need to evaluate what is worth what.

Once you have done that, you then need to get them to work through the same questions.

Put them in a position where they get what they want / need for you, the difference being what that costs.

Compensation can take many forms, and greater work freedom is one of them you really want right now.

leros
Some companies have moonlighting clauses and some companies allow you to work on your own side business. It just depends on the policy.

You might be totally prohibited from starting your own company. You might have signed a contract stating you employer owns all the work you do even outside of work hours. You might be allowed to create your own company as long as it's not competing with your employer or they might require you to disclose it to them.

Point being, look at your contracts. If you have an employer that would be a problem, quit that job. You're going to need to quit at least one of those jobs to have time to start your own company.

As an aside, don't work 80 hours a week forever. It's not healthy. Don't forget to enjoy your life.

hashxyz
Most of my employment agreements have signed away all work I do all the time. I am in CA so this is apparently unenforceable, but not a good situation to be in. If I had known before I would have asked for adjusted contracts that weren't so strict about what I do in my free time, but I didn't know the minefield I was getting into. Probably I can work to replace the current positions with new ones that are more lenient about this.

And about the long work hours, I'm doing it right now because I am young, and if compound interest works out, it will give me a lot of financial security to do things starting a company. That is, if this thing doesn't backfire.

altdataseller
If you want to start a company, the legal fallout will be the least of your worries. And maybe even a good problem if your startup explodes.

The much bigger problem that will keep you away at night is how to get actual paying customers.

hashxyz
This was oddly reassuring. I am aware that I don't know the first thing about software sales for example (except that it is a job I would probably want to hire people for down the line). I am keeping my eyes open for a way into the market, but it's a big problem since all the competition is decades old and has so many critical features.
faangiq
They should promote you more if you’re able to do this.
hashxyz
I wish everyone saw it this way