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Company doesn't allow me to start a side business

8 points by anondev ↗ HN
After working for a digital agency as a developer for year and a half, I've decided I'd like some passive / extra income and thought about making a product / service that might benefit me (skills, money), company (they'd get a product they need for internal purposes) and potentially others (someone buying it, or using for their own needs).

Turns out, the contract I've signed says I can't do anything commercial at all that's not company branded and owned (and I'd still not get any benefits until they decide, under their own discretion, if it's worth a bonus and how big, not letting me know about it prior to completion of the project), so in their eyes I could do it in my spare time, finish it, they'd have the ownership and credit and I /might/ get a bonus. Obviously I don't like that.

I think I'll do two things: a) continue & open source it b) find a new job (around north London if anyone's hiring PHP devs)

I know I'm a fool for signing the contract, but I was out of uni and in need of a job quickly - but I think it's time to move on.

Am I doing the right thing? In an ideal world, I'd happily work on company projects in my own time if I was passionate about it, but last time that happened, I created a fun hackathon project over the weekend on my own in the office and it's been a year now and it's gone nowhere - no further support from the company and no money either. Plus I literally just need a bit extra income due to personal reasons.

Posting anonymously since I don't want to get fired.

13 comments

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paulhauggis
I think we've all been there. I did the same thing a couple of years ago when I first graduated. I took the first job I could (which was terrible and I ended up leaving after 6 months).

I personally would never work anywhere that did this. I have a ton of personal side projects that I don't want to give up.

I can't wait until this sort of practice is gone for good (requiring that all of the employee's work is the property of the employer..even if it's outside of work).

I would find another job. But, don't quit and then look. Find one while you are working. I find I have much more confidence when I'm in this position. Probably because I'm not desperate.

anondev
Yes, I've been told to look first and then resign, I'm a bit concerned about telling my potential new employer not to ask for my references just yet haha - I'm sure they'll need to know what my reasons are and I hate making stuff up, not sure how to explain this and actually many other reasons for looking for new job without smearing my current employer.

I've found one company I'll probably get in touch with and before sending my CV I'll phone them ask and try to explain I need this to be confidential. Think it's reasonable to ask for that.

whichdan
Just say "references available upon request" and try to find other people you've done programming projects with who would be comfortable being a reference.

Focus on what you want out of a new position, and what you could bring to the company. There's no need to mention anything about your previous company except the successes you've had there (projects, assignments, etc).

whichdan
Start looking for a new job discreetly. If you need extra money and they're not willing to give you a raise or let you work on a side project, it's definitely time to move on. It's understandable if they don't want you to take contract work, but banning side projects is a bit extreme. I'm not familiar with the job market in London, but companies are definitely hiring PHP developers.

Not sure if you're familiar, but there's a "Who is Hiring?" post at the beginning of every month[1] which you should definitely take a look at. Keep an eye out for remote jobs, too.

How experienced are you?

[1] http://news.ycombinator.com/submitted?id=whoishiring

anondev
Thanks for the link, but sadly there's no one in London looking for PHP devs from that list (checked this year's) - it makes me think my side projects should be ruby / python focused...

I've been playing with code since I was 12, mostly HTML5, CSS3, JS, PHP, SQL, because that was easiest to approach, now almost 2 years commercial experience working in agency with these technologies. I understand it's not enough to work for one of the big players, but I think I'd be most happy in a small agency where I could work on side projects to learn other technologies :)

yashchandra
"..I'm a fool for signing the contract"

You are not a fool. You did what most of us will do given the circumstances. The problem is with these contracts where employers think that they own your soul. Honestly, if you really want to do the side projects, start looking for another job but the bigger the corporation is, the higher the chances that they will make you sign all kinds of stuff. It is a tough battle but with a little bit of homework, you will do fine.

chc
The contract isn't a problem for you unless you sign it without making amendments so that it is acceptable to you.
[dead] cancelbubble
I'd go for your #1 and #2. Open sourcing it will possibly bring you more rewards down the road in terms of getting job offers. At the very least, you'll get more experience out of it, which never hurts.
bmelton
Only you can answer this question, but as all the expected advice has been offered, I think I should at least suggest that you can possibly bring it up to your manager.

I've worked in places where I felt involved enough, or integral enough that I could have a candid conversation with my employer to say "Hey, if this is how it is, that's cool, I'll try to find something somewhere else. If not, then cool, I love working here."

The important part is to keep it low key, low volume and low intensity. Start off with how much you like where you are, and your co-workers / management, yadda yadda (assuming it's true -- if not, then leaving is the more obvious answer) -- but you MIGHT be able to have that conversation and get an exception.

Of course, cover your bases. Be ready to be unemployed if they react negatively.

gsk
IANAL. That said, don't be afraid. Do the same project at home on your own equipment and make money. The company is exploiting your fear.
rprasad
You may never see this but...try to renegotiate your contract. If they think you're worth it, they will modify the contract to allow the side project. If not, you know where you stand with them and should move on.
anondev
Thanks - I did have a lengthy discussion with one other employee who dealt with this issue for our MD; he was quite clear that it's company's "culture" that we only work for the good of company and then company will see to it that we're rewarded for the efforts.

While this sounds nice if you're a small company where everyone shares the responsibility and the monetary gains, we mostly hire people who will work cheap and long; it was hinted to me that my career in there moved really fast compared to others and I'm still on the lower end of salary for my role/responsibilities in the area. As a result, I'm looking at options where my personal time and ideas are valued more, both when it comes to work and personal side projects (which, don't forget, improve my skills I use for company work)

Besides, I'm back where I started, working on horrific wordpress projects, with me learning little now and it became about me (and some others) educating co-workers and directors, who are too stubborn in their ways to understand what we do, resulting in ridiculous proposals sent to clients

I have decided to move on, just working on my CV/resume and looking for the right time.