Company seeking my personal projects during non-work at home?

Question

Ok, so I'm building "Web 2.0/3.0" sites to make extra money. I currently run my own personal project sites with some advanced technology in the backend (AI stuff, recommendation system) that I've developed over the years. It's a subscription site for me to make money on the side.

Now, my company (they do web application/software technology, ad network) somehow found out I run several websites. They were like, "Hey Joe, you run so and so websites! Why not put them on our ad network?? The stuff you're doing is a threat to our technology -- we don't want you competing with us on the side. Let us have your websites and put it on our portfolio/ad network."

Ok, basically it seems they want the rights to my technology and personal project. Somehow they must've googled my name and linked it to some projects I'm working on on the side. Is this ethical for a company to do? Trying to own my personal project since it's got some cool technology and trying to own the rights to it? Just because I work for the company doesn't mean I'm gonna make an offer to them, right?

Answer 1

You probably need to consult a lawyer. What were the terms of your employment that you agreed to when you were hired? Was there a non-compete clause? Was there a required disclosure clause?

Answer 2

Depends on your employment contract. Your contract might say something like "anything you do, while in the employ of company XYZ, be it during work or non work hours belongs to us". It's time to talk to a lawyer, not ask StackOverflow, this isn't a technology/programming question.

Answer 3

If what you do in any way competes with what your company does or uses technology, intellectual property, information or contacts that you gained because of your employment with your company, then you may have issues and should check your contract and see a lawyer.

The other side is: did you ever work on your sites (and this can include sending emails and the like) your personal projects at work? If so, you may be in trouble there too.

IANAL so that's all I'll say on the legalities.

Answer 4

I am Not a Lawyer, and the laws almost certainly vary by country/state/province. But if you are working on a side project on your own time, on your own equipment, using only your own network resources, etc., then in my opinion, they have no right to your work.

If you signed some sort of vague non-compete contract, or something that says all the stuff you do on your own time is theirs, then you have less of a leg to stand on.

Your best bet is to ask a lawyer, if there's enough revenue from your subscription base to justify it.

Answer 5

You need to consult a lawyer to get a definitive answer to this question. The answer might depend on your employment contract, and the laws in your locale. Don't rely on anything people say on the internet regarding legal matters.

Regardless of whether or not it's within their rights to do so, I think it's unethical and foolish of them to pressure you like this. I imagine they have just lost any employee loyalty you might have had.

I think a proper response could be, "if you think there's ad revenue potential in my websites, make me an offer that reflects their value, and I'll consider it." After all, you started those sites to make money, right?

But first talk to a lawyer, to be sure you're in a position to negotiate.

Answer 6

Ethical? Yes, why not. If you're putting stuff out on the web and they can find it via Google, then why shouldn't they? If you don't want people to find stuff you've done on the web then don't put it on the web or use a robots.txt to hide it from Google. It's not completely unreasonable for them to at least wonder if you may be using technology that you developed while you were working for them.

Legal--maybe so, maybe not. Depends on the employment agreement that you signed when you joined the company. I'd consult an employment lawyer for real advice rather than asking here.

They may have web logs that demonstrate that you were working on your private web sites during work time--if you did so. I'd be very careful in how I proceed if I were you.

Answer 7

check your contract, and/or your state laws and case precedents. Talk to a lawyer.

IMHO it is unethical for them to attempt to take your intellectual property without compensation, even if you have a 'all your codez are belong to us' kind of work-for-hire agreement. But talk to a lawyer, and be prepared to walk, get sued, and countersue, if necessary. Someone trying to steal your lunch money is a bully and a thief, but they may just have a legal claim.

Unfrotunately, this is not a joke. Talk to a lawyer right away.

Answer 8

Well a friendly way to go about it, and that they should probably be willing to accept if they are a reasonable lot, is to buy/lease your technology. This way you can get a nice sum of money for your work (since you mentioned the purpose of this site was to make extra money in your question).

Otherwise (if its a pet project first and foremost) you might as well tell them in a friendly manner that you keep that site as a hobby, and you'd prefer to not share it if thats ok, unless they let you work full time on your and a cut in the earnings, etc... (something most people would love to do, work on their pet projects and get paid a stable salary for it).

As always first try to reason with the other party in a civilized and friendly matter, it'll likely make both parties happier, and it'll be better than taking the legal route most of the time.

Answer 9

Consult a lawyer! Regardless of your contractual obligations, any company has a right to be concerned if one of their employees is running a direct competitor on the side, especially if they can demonstrate that you have access to privileged information which you are using to compete (knowledge of their technologies, marketing strategy, customers etc).