Ethics of working off the clock to finish an abandoned project

Question

I was on a underfunded pro bono software project that was pretty much to make something for a client who didn't really know what they wanted. Anyway the requirements kept changing because the client continually agreed to requirements and kept changing 'em anyway because our company wanted to just make the client happy however we could, and they knew this. Basically my company figured this client could potentially get us in to bed with other clients so we wanted to make them happy. Anyway the well ran dry fairly quickly with all the constant changes.

My company has since decided that this is a wasted effort and refuses to allow any more money be added to the task.

The application is currently usable, but there is about 20-40hrs of work remaining until the client would be content with deploying it. My company has delivered an emphatic "No" on the continuation of any work towards this initiative, but I am tempted to finish this work off of my company's clock for the client. Mainly because I was the main POC to the client and one of the main developers.

Is this a bad idea? How should I proceed with this situation?

Answer 1

I would just ask the manager or PIC (person in charge) if it's okay. You'd have to make clear your expectations of not getting paid for the work, etc. if that is the big concern. Also you may want to make a case for why you are interested in doing the work yourself, lest your company have misplaced concerns about your priorities or intentions.

Answer 2

I would say that's definately a bad idea. Besides the trouble you could have with your bosses for working on it anyway, many states have laws specifically prohibiting even Exempt status employees from working off the clock (leading to more trouble with your employer, since they're the ones who'd get a great big fine).

Then there's the question of how would you get it to the client? Your bosses are unlikely to be willing to ship it, even if it is complete, and I imagine they'd look at it as infringing on your (almost certainly signed) Non-compete agreement.

All in all, however much you want to finish the project, it's probably better to put in good notes about what's left (in case it does get resurrected) and then let it go.

Answer 3

Lets say you go ahead and finish the work. Are you presenting it as your own work, or under the representation of the company you work for? You may be opening them to unwanted exposure. There would also be the concern that you didn't really do all of it on "your time". It may be viewed that your other responsibilities were neglected/postponed in order to work on a project that was explicitly shutdown.

Beware the phrase, "No good deed goes unpunished"

Answer 4

Personally, I wouldn't do it. Here's why. It sounds like you are a consultant, and your client pays your company money for your work. Even though the project is abandoned, you are essentially giving away your company's assets (sorry, but yes you are an asset). They could at a later date pay your company to finish, but they can't if you do it for free. The best approach to this is to ask your boss if it is ok. If he says yes get it in writing. If he says no then drop the idea.

Answer 5

Hmm; tough for me to say; but I'd be leery of this for a few reasons

• Your company has already said 'NO' to any more work on it. Technically, that project still belongs to your company; not you. You could be jeopardizing your standing with your company by going behind your supervisor's back and working on it.
• Suppose you do finish it; who's responsible for deployment/support/training/etc.? I find it hard to believe that your company would go to bat for something that was developed off their payroll.
• Suppose 20-40 hours balloons up to 100 hours? What now?

If you're really gung-ho about this; I'd probably go this route:

• Get the client to "own" the project. Essentially, transfer ownership of it from your company to the client
• Offer to work on the project as a private consultant. Be extremely careful to avoid any conflict of interest with your current employment. Set your own hourly rate, and get a very solid contract with the client as to what you'd be responsible for.

Either way; if it was me; I'd let it go. The client has a history of moving the goalposts, and you're probably setting yourself up for more trouble than it's worth (especially if it's pro-bono)

Answer 6

Your 20-40 hours of remaining work is likely to turn into a lot more - just based on what you have said about the project's history. If you're OK with that, and if nobody (not your boss, not the client, not you) minds you going ahead with it on a pro bono basis, then I would say it's fine. If anyone objects, have the discussion and abide by the collective decision.

If you do go ahead with it, timeboxing would be a very good practice to employ. Clients like these seem never to be "done," and you will need an exit strategy. Time boxes give you a way to say, "I gave it the time I told you I would, and this is what I was able to complete in that time. I know you would like more, but I can't give you any more and I hope you will be happier with the product as it is now than before I began work." It's also a way - if they believe you will abide by the time box - to get them to focus on what's really important to them.

Answer 7

Oh, hell no.

Your company owns the code since you wrote it on their dime. It's up to them what does, or does not, happen with it. Going against their wishes is just going to create friction. Even though you were the primary point of contact with the client, you ultimately represent your employer.

Some clients will try to manipulate your giving nature, or the tendency of developers to want to finish what they start. Even if they aren't doing it intentionally, the effect is the same.

Sounds like the client has proven to be completely unreliable, and is doing their best to get something from you for free. In either case, if they aren't paying, they shouldn't get the product. The last time I pursued something like this, I wound up out about $35k and sued by the client because they claimed that they owned the code, and that I was effectively stealing it from them since I wouldn't hand it over until they provided a check.

Another tidbit: Especially with web apps, never develop on a client's servers or hardware. If you have to hold code captive later on, removing it from their machines can be illegal depending on the laws in your region.

Answer 8

In some denominations of Christianity, one of the rules in defining whether a war was "just", and hence not a sin to wage, is that (barring defense of sovereignty) it has to be winnable. Apart from the obvious self-interest in not getting involved in an unwinnable war, the reasoning is that if you can't win, then the damage done can't be justified.

What can you win here? If all goes to plan and you produce a good piece of work then:

1. You are not financially better off.
2. The company you work for is not better off.
3. Your boss may be upset at you.

If the project is really chewing at you creative synapses then finish it off the clock for your own satisfaction, but don't show it to anyone. Certainly lobby for it to be started up (perhaps in a more general, reusable form), but working on it to then present it to the client is an unwinnable war.