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If you don't use company euqipment could you still get into trouble ? Like let's assume I don't even the gitlab/github page of the project. Will that also cause
by thecleaner 7y ago
If you don't use company euqipment could you still get into trouble ? Like let's assume I don't even the gitlab/github page of the project. Will that also cause problems ?
- ghaff 7y agoDepends on what you've signed, what state/country you're in, and how much the company cares even if it's technically a violation.
- rst 7y agoAnswers to that depend on state employment law -- California has an explicit proviso that employment contracts can't claim certain work the employee did on their own time, with their own stuff. But most states don't, and even California's provision has limits -- IIRC, the project has to be unrelated to the business, and what's unrelated to Google's business these days? Or Amazon's? I've gotten explicit waivers from my employer for unrelated projects, which hasn't been a problem. But people who just don't tell the boss run the risk of legal action if they find out about it by other means -- so, at the very least, I'd suggest a chat with a lawyer well-versed in your state's employment laws before working on any side project of potential commercial value, with your employment paperwork in hand (especially the Intellectual Property assignment contracts, or their equivalent), so you have some concrete idea what risks you're running.
- thecleaner 7y agoIs there a tool or something to check this ? Like for example what language to look out for in employment contracts ?
- rst 7y agoIf anything, what you'd be looking for is the _absence_ of language restricting claims to work done using the employer's facilities -- but whatever's there really needs to be read in context of the whole agreement, and the applicable state law. There's no phrase search yet that can substitute for a lawyer with relevant knowledge.
- dx87 7y agoMost of the non-compete agreements I've seen cover side work that uses knowledge specific to your job because they don't want you to create a tailored application that allows you to take their clients.
- lifeisstillgood 7y agoIt's all in your employment contract. Almost certainly there are IP clauses and exclusive work clauses. First thing - read your current contract (if you are like most people you will need to ask for a copy as you cannot find the original) it should be fairly clear (even without legal training) what the gist is. It will be one of "we own you and everything you ever think" or "We own your work that we hire you to do" Trust me it's not about company equipment (but not don't do that!) - it's about the knowledge you gained at work being used for something else.