4 ms·
Giving someone a real project to do which they get paid for is a really bad idea. If the person is working for another company at the time then they likely have
by ig1 13y ago
Giving someone a real project to do which they get paid for is a really bad idea. If the person is working for another company at the time then they likely have something their contract that specifically stops them doing work for someone else while still under employment. It's ground for a lawsuit against the employee.
It also means that as the interviewing company that you don't legally own the IP rights for the code you just put into production, which opens you up to a lawsuit as well.
And that's just for when you're hiring someone from another random company, if you're hiring someone from a competitor you've got a whole different layer of complexity in terms of NDA, non-compete, etc. violations.
And then you get into employment law and accounting complications. Who's declaring tax on the payment ? - if the candidate isn't setup for contracting work they'll need to do a bunch of work to sort out the taxes, if the company takes care of taxes than that might be taken as evidence of employment.
It's one of those ideas that might seem nice superficially but which will get you into a world of pain in the long term.
- carterschonwald 13y agoYou can't bar moonlighting in a work agreement in the US.
- Daniel_Newby 13y agoYou cannot bar quitting in the U.S. You can bar multiple employers.
- ig1 13y agoIt doesn't stop things like IP ownership clauses which cover all work you do (including work outside of work hours). It's the reason major open source projects require a waiver from your employer if you're contributing substantial code even if you're doing it in your spare time.
- munin 13y agoAIUI, both legally and practically, you can! Legally: a lot of graduate student employment contracts bar any other paid employment with clauses like your graduate student tuition deferment being lifted if it is discovered that you have a side job. Practically: So, you moonlight for a competitor for a week and if your boss finds out that you added a shipping feature into someone elses product, and you didn't get the job..?
- carterschonwald 13y agothose aren't legal statutes, those are contracts. Just because a contract says something doesn't mean its enforceable. Many grad students moonlight with consulting work in computer science and other technical disciplines.
- munin 13y agothe law being on your side is a cold comfort when you're fired!