Employees working on their own business
discuss.joelonsoftware.com
discuss.joelonsoftware.com
1. I am in the business of invention. I invent many things. I cannot possibly disclose all of them. Hence, ANYTHING I have done in the past is excluded and ANYTHING I will do after I leave your employ is excluded without having to be disclosed. This is true even if the thing invented can be construed to be directly or indirectly connected to your business. The only exception to this will be those things directly and explicitly connected to your IP disclosed to me during my employ for a period not to exceed two years after my departure for un-registered un-patented IP. Normal patent and copyright laws apply - BOTH ways.
2. What I do 0n your time with your equipment on projects specifically assigned to me is yours.
3. What I do on my time with my equipment on my self assigned projects distinct from yours is mine.
4. Since my business is invention, if the invention was concieved on your premises but is not DIRECTLY connected to your business, your disclosed IP, and your assigned project, the invention is mine. This will be true even if the invention is used to indirectly support project. In that case, a non-exclusive license to use will be granted by me to you but I still own the resultant IP.
Almost without exception, the terms were accepted. Where there was substantial disagreement, I looked for another job/contract.
An additional requirement might be that you actually have to be an inventor with a proven track record. If your proven record and skill set is indistinguishable from millions other workers, you are hosed no matter what. You have to take what you can get. In that case, it doesn't matter because you have no IP to protect anyway.
Most IP agreements are written by lawyers who arrange the terms to be totally one sided. Your employer is to have absolute claim over the entire contents of your life. THAT is simply unacceptable. Yes, you need a job but the employer needs someone who can do the work as well. You don't have to agree to be a rightless drone. A job like that is not worth having.
You have the right to pursue your skill to make a living. An employer does not have the right to prohibit that. Ask for terms that respect BOTH your and your employer's rights and you are likely to have them accepted.
So if you are happy with his actual concrete performance, then I'd say don't worry about it. If he can make you happy spending 15 minutes of real work per day, then you need to think hard about how to better leverage his talents. Unfortunately, increasing your expectations of him while keeping everyone else the same will not make him happy either. It's still a tough issue.
If you can't determine those things, then one of you is not doing your job already.
Subjective metrics are quite common and effective. That's how good programmers such as <insert favorite hacker hero here> are regarded as good.
I figure the public has an interest in promoting as much innovation as possible. This means that we want employers to be able to hire employees to work on innovative projects, but we don't want to discourage employees from working on projects on their own either. So if this relationship gets out of balance, we could end up stifling innovation from one side of the relationship.
Think of it this way... suppose I'm a house flipper. I mainly do this on my own time, but I do search the web for properties, email friends about investment opportunities, and call mortgage brokers while I'm at work. It's not a huge time sink, probably no worse than the random goofing off or reading hacker news that goes on at work.
I doubt a court would allow my employer to "own" my profits from flipping houses.
Now say I have a side programming project. I mainly do this at home on my computer, but occasionally I think about it at work, and I have fixed bugs, sketched out an algorithm, or tested the site at work, and I did write a bit of code on my work supplied computer.
In this case, I suspect the courts (IANAL, of course!) would award ownership to my employer, even if the project is unrelated to my work tasks.
So basically, the law does encourage programmers to start side businesses in areas unrelated to technology... but don't we want programmers to innovate in their field of expertise? Personally, I'd much rather see programmers writing innovative applications than flipping houses.
I don't have an easy answer for it, because like I said earlier, I also do see a clear need to provide IP ownership for investors employers who are paying employees to innovate. But I'd draw this line more narrowly - no big surprise, since I am a programmer "employee" myself, and these rules would favor me.
That said, you don't always just fire people when they get married. the question, simply, is 'Is the employee, with all his or her distractions, still worth his or her salary?' - Most of us are unwilling to remain single and completely dedicated to our jobs for our whole life. Right now, for instance, if you want to hire me, you have to put up with my business being my primary focus, otherwise I won't work for you. (but then I'm a contractor, so that's not unexpected.) And just imagine the outcry if you acted against people who valued their family over your business.
Does the item have value? He might be interested in selling it to you. If an employee likes his employer, they won't mind giving you their work for a little bit of money. You can always branch out into new areas.
Unless you're willing to make the employee a partner at your firm, I don't think there's much you can do that wouldn't seem "evil" and you don't seem like the evil boss type. If they're a partner at your firm, they get to direct the firm to an extent and share in its profits. If they're just a wage laborer, they will leave when something better comes along and that's one of the costs an employer must beat - and similarly the employee must bear that they cannot be paid the full value of their output as a wage laborer.
I'd say just let it be. Most web applications don't go anywhere. Be supportive and happy for him. In the case that it fails (or makes a few hundred dollars a month), he won't be leaving you and you'll come off as the awesome boss who is supportive of personal growth and chill with stuff. And that will make him stay even longer.
The issue here is that you have an employee that's passionate about what they do (shocker I know). A trait that's rare and should cause you concern only because there's a good chance this developer will jump ship to pursue their passion full time on their own.
I'd try to keep them employed (for you) as long as you can by encouraging this 'free time' project which will hopefully also influence your other developers to take up their own pet projects.
It's not the project that is of value, it's the engagement of the mind that benefits you and the work they create for you.
The employer said:
One of my employees is always working in small applications for his family or just for the fun of it. Now he wants to start selling one of those applications.
... and
I think that anyone can do what he wishes with his own time. But obviously, there are a lot of issues involved.
The way I read it, he's known about the side projects for a while and never had a problem with them. He is having second thoughts only because he's learned that the coder wants to make money off one of those projects...
I think that what's really happening here is the employer having a personal bias of the money-is-dirty variety. Obviously, anyone is welcome to whatever moral attitudes they like, but to force them onto your employees is completely inappropriate.
Participating in them outside of office hours would tend to _increase_ your productivity at work by giving your head a rest.
Our most productive employees are the ones without kids, families or bustling social lives. And those same employees are the ones who are working on "side" projects while they are also working for us.
Any company that would tell an employee that they can't work on a side project, either as a business or a hobby that is not in direct competition with that company is setting itself up for failure because it's a sign of a larger cultural issue within the company itself, stemming from severe mismanagement.
Running a separate business is a different story altogether. Do you really have productive employees who are operating software development companies on the side? If you do, I can guarantee their primary attention does not lie with you (even though their primary income is being paid by you).
Writing an application (and ignoring the business and customer service side of things) likely will make your programmer more productive, 'cause he learns all this new stuff.
Emacs + code is my video game:-) I think there are quite a few of us, actually.
I'd tend towards overly-harsh on this one: You're either an employee or an entrepreneur. The choice is binary. We'd love to have you as an employee, but a person building their own business and riding on the salary we (a small business ourselves) pay while they do it is not welcome.
Every employer I had before heading off and starting my own company had an air-tight IP policy which basically owned my software-developing ass. That makes sense: You're either an employee or an owner, you don't mix the two.
Running a business isn't a hobby: It takes all of your attention, day and night.
I'm not paying employees to start their own business, I'm paying them to work on mine.
edit: I know this chafes with the 'free spirits' on this site who haven't found the guts to start an actual business yet, but I promise you'll find it's true when it's your cash going out as wages.
Let me know then how well you'd do as an employee working for someone else, and if you'd be eager to hire on staff with the same "starting a company on-the-side" mindset.
I have no problem hiring someone who is going to start something with their own time, as long as they do the job I hire them to do. Back when I was an employee, I was always pursuing ventures on the side, and without exception, my employers were supportive and sad to see me go when I left, for the simple reason that I did my job.
You don't own your employees.
There's a big difference.
If you retain a contractor, you're one of their clients and any improvements they make to their business benefits you.
If an employee on your payroll starts a business, they're not doing so with your best interest in mind and their work's focus will change accordingly.
Ah...I see. You're looking for employees whose primary interest is enriching your life, not what's in it for them. Good luck with that.
There will in theory come a time when my side efforts will require effort enough to get in the way of my regular job, which is in fact the goal, but I have the integrity to face that -- and when I reach that stage, I'll leave the regular job.
If you're running a small business where everyone working for you has to put in 80-hour weeks in order to keep up with their work, then the fault is yours for your poor management -- though to be honest, I'd never consider working for you just because of your attitude toward your ownership of me.
Get it straight: you don't own your employees, period. What they do when they're on the clock is your business. Everything else is not. If you can't get that through your head, you shouldn't be attempting to run a business that requires employees. That's not an opinion, it's actually law -- don't forget, we abolished slavery.
Fuck. That. Shit.
Everyone is a contractor. There is no loyalty on either side of the employer-employee relationship. It is a hurtful delusion to harbor fantasies otherwise.
Judge an employee on their performance. Nothing more, nothing less.
What happens off the clock is none of your business. Literally.
I'm still waiting to read of even a single example of a full-time employee who is working on (not preparing for) a business of their own while collecting a full-time salary. If it's such an awesome thing, there must be dozens of examples to choose from, right?
Why the silence? Because that employment arrangement does not work, and any person running their own full-time business would know why.
Working as a contractor while getting your business up and running? Great! That'll work fine.
Working as a full-time employee while starting a business? Doesn't work.
If you walk the talk and start your own company, you'll understand why you wouldn't want to be paying a person out of your own pocket while they're going through that process.
Quit worrying about what this employee can or can't do. Pay attention to what he does or doesn't do.
You're an entrepreneur or you're an employee. You cannot mix the two, and if you find the pills to start a business yourself you'll understand why.
Joshua Schachter, Delicious. It's rare, but not unheard-of.
That's one of the best answers yet. Anything else is entirely unacceptable. (And reminds me of amazon, worst place I've ever worked.)
If they're getting their work done, then you as an employer have no right to complain about what they're doing with their own time and equipment, end of story.
Stealing IP is a different issue altogether, of course -- and that's never acceptable.
However... the main reason that I pursue side projects is that my work fails to offer an intellectual challenge for me. I get my job done, and then hunt for intellectual exercise in order to keep my brain in shape.
Unfortunately, I rarely find that at work.
Or are you just assuming that the side business would make the employee less productive to an unacceptable point (a fine reason to let someone go, but that a side business would cause this is still just an assumption).
Bull-fucking-shit. I don't understand the mentality that because someone pays me for 40+ hours of work per week, they think they own me and can demand that I work exclusively for them, or that anything I do in my own time belongs to them. If my work suffers, or if I'm stealing IP or clients, that's another story. But if I'm working on something in my own time, fuck you if you think you own it.
I can't believe that anyone worth anything would choose to work for a company that believed that it owned them even after hours.
You cannot work for another person while running your own business. A business becomes the centre of a person's universe and an employee's work will suffer if they are building a genuine business on the side. No amount of dramatic profanity will change that reality.
Of all the vigorous down-mods and "you're wrong!" comments I've received here in response, I've yet to read a single real-world example of a person who has a full-time employee on staff working on their own business, or who is a full-time employee working on their own business while being paid a salary by another company.
Why? Because you're an employee or you're an entrepreneur. Those are not compatible mind-sets.
If you work for me and want to start your own company, great! I'll happily send you on your way and offer every bit of support I possibly can to ensure your success, but I won't pay you to build your own business.
You're clearly not reading carefully, because I pointed out examples where I've done this, and I'm sure many others have as well. Most businesses are started on the side of something else, including most successful businesses. While it's likely true that you can't indefinitely work as an employee while building a business, you can certainly start a business that way, and it's been done many, many times before.
I'm not arguing that you shouldn't have the right to fire someone if you don't like them working on something else on their own time, just that your mindset is indicative of a larger management problem of viewing your employees as assets that you own 24/7. Why would anyone of value want to work somewhere like that? There are plenty of people out there who value output over input and understand that an employee's personal life is none of their business.
Put someone on your payroll full-time with benefits, paid vacation and sick leave and then encourage them to start a business on their own time while you pay them full wages. Then you'll have something to crow about.
BTW, between your post and mine up-thread, that's 5 examples. Microsoft, Apple, E-bay, Del.icio.us, and PlentyOfFish.
This just simply isn't true. Imagine if your CFO gets caught with hookers and blow by the cops on a Saturday night. It may not affect his work during work hours but it most definitely negatively affects your company from a PR perspective.
So you just can't make a blanket statement like that.
It wasn't obvious but it sounds like we agree so no harm done:)
That they know of! It's not exactly the kind of thing most sensible people would draw attention to.
Why the silence? Because starting a business while working full-time for another employer does not work, and any person who has started their own software development company would understand why.
My own personal experience was much as you say. (I kept my day job for 8 months while trying to do my startup on the side.) Eventually I found that the startup was all-consuming, I couldn't concentrate well on my day job, so I quit.
I can't help thinking that maybe this is because of my inexperience as an entrepreneur, though. Because several people have created successful startups while employed by someone else. Steve Wozniak did the Apple I, video controllers, floppy disks, and all sorts of other hardware while employed by HP. Pierre Omidyar created E-bay and grew it to profitability before he quit his day job. Joshua Schacter wrote del.icio.us while employed by Morgan Stanley. Bill Gates grew Microsoft while both he and Paul Allen were employed by Altair.