> There's nothing willfully misleading about asking a hypothetical question
Except the person I replied to wasn't advocating for "asking hypothetical questions", they were advocating for "it doesn't matter if you started a side project or not, when you ask your employer about how to move forward, make all efforts to imply or directly say that you haven't started a side project yet". That's not right.
> You do not have an "absolute transparency" duty to your employer
I agree, but I think there's a huge spectrum between "no absolute transparency" and "lying to my employer" and I don't think it's right (and it's probably not legal in the context we're discussing, but IANAL) to tell one's employer one hasn't started a side project when one has.
> Please don't behave as if you do.
Please explain how "don't lie to your employer about potentially legally important matters" is the same as "behaving like you have an absolute transparency duty to your employer".
One's employer is unlikely to be so forthright with their future plans. It should not be misleading to reveal only the minimum information necessary to a potentially hostile actor (speaking culturally, not legally).
> It should not be misleading to reveal only the minimum information necessary to a potentially hostile actor
I have no problem with this. But I see a big difference between asking one's employer "If I was already working on a project in my free time and wanted to take it further, what would I do?" and "I haven't started working on anything yet, but if I wanted to, what do I do?", when one has indeed started something already.