[prox]

I wholeheartedly agree with your comment. The core is that OP created something of value, in his own time. So there should be a value exchange of some sort.

[lukevdp]

Depends entirely on the employment agreement. Many will automatically assign ownership of any code written to the employer.

[Sanzig]

Which, depending on case law in a particular jurisdiction, may or may not actually be enforceable. This is exactly why you would want to talk to a lawyer: they can tell you if you have a leg to stand on.

The employer might be under the impression that all the terms in the employment contract they pulled off FreeLegalTemplates.net are enforceable when they aren't. Going to a lawyer first gives you the ammunition to politely point out that you are in fact the one in the right here.

[Aeolun]

Which is insane, and should be illegal in a variety of different ways.

[prox]

Well true, depends on circumstances and how OP and employer relate and if they can find a win-win for both. See it as an opportunity.

[ianai]

Unless he’s a salary employee. In that case, he’s technically always on the clock or could be argued to be so. If you want your time to yourself then stay an hourly employee.

[castwide]

IANAL, but it's definitely not that simple. I've worked in salaried positions and still retained ownership of my side projects. There was also one instance where I refused to sign a NCA that threatened my IP, so YMMV.

[wnkrshm]

A salaried position is usually for X hours per month though. An employer that can make you work 24/7 each day of the month is not an employer, they're an owner.