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How would you go about putting a personal side project up on github if you are stuck with an employment contract that says your employer owns all your intellect

How would you go about putting a personal side project up on github if you are stuck with an employment contract that says your employer owns all your intellectual output, even that which you produce on your own time? Yes, I realize that stipulation is there for general protection of the employer and not typically intended to be used in a draconian way, however it still leaves the door open for you to get sued into oblivion for posting proprietary code that "belongs to your employer" (even if they've never seen the code before).

city41 9y ago
I had a side project that I wanted to make into a side business. I worked with my employer to write up a doc that said they'd have no claim on it and would let me own it. My employer did have the "we own everything you make" in my contract.
- dude01 9y ago
  I know someone who tried that - the company fired him, plus the company fought paying him unemployment. You gotta watch out!
  - derekp7 9y ago
    One alternative I've thought about, is how can you negotiate your way out of that clause when you start a job (seeing as how it is slipped into the paperwork you have to sign on the first day, too late to not take the job if you've already quit your previous one). I wonder how most employers would react to a request to have an attorney look it over, and use the excuse that you want to make sure it doesn't interfere with any non-profit volunteer work you do.
  - orangecat 9y ago
    They fired him for just asking? Then they're horrible, and he's better off far away from them. Most employers are not actually cartoon villains and will be reasonable.
    - derekp7 9y ago
      He may be better off in the long term, but short term unexpected unemployment hurts. Can hurt long term too, since you will have to take whatever job you can get as soon as possible (unless you have enough savings). And that job you get may not be at the same point as you were in your career progression, since many employers prefer to hire someone who is already working.
      - dude01 9y ago
        Yes, pretty much what you say -- it took him a while to find another comparable job, and that had negative consequences in his personal life. It was a small company doing the firing, they definitely "took it personally". Bigger companies are more likely to have uncaring bureaucrats I think.
mixmastamyk 9y ago
Solve a problem not worth money.
apk-d 9y ago
> your employer owns all your intellectual output, even that which you produce on your own time Holy shit, I had no idea this was legal [furiously reviews contract]
- derekp7 9y ago
  If I remember the phrasing correctly from a fortune 50 company I worked at (during the dot com boom): Any inventions, innovations, or ideas, conceived solely by you or jointly with others, whether or not using any company resources, at any time during the course of your employment, will be owned by the company.

city41 9y ago

I had a side project that I wanted to make into a side business. I worked with my employer to write up a doc that said they'd have no claim on it and would let me own it. My employer did have the "we own everything you make" in my contract.

dude01 9y ago
I know someone who tried that - the company fired him, plus the company fought paying him unemployment. You gotta watch out!
- derekp7 9y ago
  One alternative I've thought about, is how can you negotiate your way out of that clause when you start a job (seeing as how it is slipped into the paperwork you have to sign on the first day, too late to not take the job if you've already quit your previous one). I wonder how most employers would react to a request to have an attorney look it over, and use the excuse that you want to make sure it doesn't interfere with any non-profit volunteer work you do.
- orangecat 9y ago
  They fired him for just asking? Then they're horrible, and he's better off far away from them. Most employers are not actually cartoon villains and will be reasonable.
  - derekp7 9y ago
    He may be better off in the long term, but short term unexpected unemployment hurts. Can hurt long term too, since you will have to take whatever job you can get as soon as possible (unless you have enough savings). And that job you get may not be at the same point as you were in your career progression, since many employers prefer to hire someone who is already working.
    - dude01 9y ago
      Yes, pretty much what you say -- it took him a while to find another comparable job, and that had negative consequences in his personal life. It was a small company doing the firing, they definitely "took it personally". Bigger companies are more likely to have uncaring bureaucrats I think.

mixmastamyk 9y ago

Solve a problem not worth money.

apk-d 9y ago

> your employer owns all your intellectual output, even that which you produce on your own time Holy shit, I had no idea this was legal [furiously reviews contract]

derekp7 9y ago
If I remember the phrasing correctly from a fortune 50 company I worked at (during the dot com boom): Any inventions, innovations, or ideas, conceived solely by you or jointly with others, whether or not using any company resources, at any time during the course of your employment, will be owned by the company.