HACKER Q&A
📣 avscannerthrow

Pitching a side gig solution to the day job?


I have a corporation for creating serverless cloud components. One of the plugins I've created is AV scanning. My day job is looking for a solution to do exactly what I have already created, but I'm hesitant to pitch my product despite being on good terms.

While I do believe my solution is best for them, due to how well it can fit into their cloud infrastructure, I don't know if it's worth the risks to me to pitch:

- I haven't "outed" myself with this corporation, not that there are any non-compete or other clauses in my contract, and I don't believe there is a conflict of interest that can't be managed

- I am concerned about the pressures that will come from supporting a separate project of mine that would now be integrated with the projects in my day job

- I am concerned about perceived conflicts of interest or future claims that I must have used company time and resources to create my corporate IP (which is unfounded, but can be difficult to disprove considering the crossover of cloud work)

Has anyone been in a similar situation, and found a way to make it work? Or conversely, was it a situation you came into and now regret?

Does anyone have some tips or how I could make it work, assuming it's not too risky?

I know that I'll want to ensure I have legal help for any contracts, and I'm thinking that I may have someone else who's working with me in my side-gig corporation as a vendor point of contact to add more separation between my day job and side work.

Thanks!

  👤 SheinhardtWigCo Accepted Answer ✓
Why would your management want to ‘manage’ such a blatant conflict of interest? They are not incentivized to do so, even if your solution is the best in the market. Their job will be much easier if they either choose a vendor without such conflicts or fire you from your day job after signing contracts with your corporation.

Also, just by pitching this, you are admitting that your side gig is directly related to your day job, which is likely in violation of your IP agreement with the day job. Using another person as point of contact doesn’t change that.

This is absurd and will get you fired or worse, unless your day job’s lawyers are asleep at the wheel.

👤 digvan
Talk with a lawyer before any action!

Given that, it all depends to the company culture. In my experience, there is not a process for these matters and it will be looked at on one by one cases.

👤 staticautomatic
Even if you're in CA and your employment agreement has a permissive IP rights clause or no clause at all, the odds are pretty good that your employer has a good case for owning what you built, even if you did it on your own time and equipment. You'd be a fool to tell them about it.
👤 ajeet_dhaliwal
I have done something like this, but my pitch began before I got hired. So during the interview process I explained that I am involved with a side business and that the product is a useful tool for helping me with the day job I was getting hired for and asked if they would open to me using it for my team. They said yes and they've been using it since.

Your situation probably requires a more delicate approach but really it will depend on the culture of the company. Not every company is a massive bureaucracy. There's probably more chance if it's a smaller company that just wants the best tool for the job and deliver results, and if that's your solution that may be fine.

👤 saluki
INAL but I wouldn't mention anything to your employer.

They will either want the IP and/or use it for free and most likely let you go if it replaces your job.

If you think your product has legs I would co-found with a marketing person, you can handle the tech side behind the scenes, keeping your name off the public facing side.

Make sure you're not developing, testing or using your product at work.

I would let your cofounder market it and be the face of the product. Oh and don't even offer it to your current employer.

Good luck.

👤 vpEfljFL
You can tell that you have an idea how to optimise the process and can look into it in your free time. You can negotiate possible outcomes if you be able to finish your free time adventure.

Then you can decide if you want to finish and polish your solution and present it to the company.

👤 dreadpiratebob
Sorry, bad idea... conflict of interest minefield and very high risk of having your level of dedication to your employer being questioned...