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by pc86 1392 days ago
> For me I encourage my staff to have "side gig" of their own business, but will not sign off on them contracting on the side.

Imagine believing that you have the right to "sign off" on what your employees do in their free time provided they're not directly competing with you.

3 comments

Some employers proffer, and employees enter into, contracts of this type.
It's a simple legal ass cover. Should the manager / lead care if there's a side gig in play while all other needs are being met? No, of course not. However, what if the side gig becomes a bit more than planned and now your team member isn't delivering, gets sick more often, or is otherwise grinding themselves into the ground (and doesn't recognize the need to get out of that situation)?

You can care about your team member's welfare and support them 100%, but part of that support should be defining the rules of play so that all parties know what the agreement is.

I mean these are different answers, right?

If they stop delivering, you do what you do if they stop delivering. Coaching, performance discussions, reassignment/termination. Whether it's because of a side gig or not is irrelevant.

If they get sick more often, you...? What would you do normally? Hopefully the answer is "support them." If this is cover for "they're saying they are sick but I think they're just working on their side gig" then refer to #1 but you better be right about it.

> You can care about your team member's welfare and support them 100%, but part of that support should be defining the rules of play so that all parties know what the agreement is.

I agree with this 100%. The agreement is that they're paid a full-time salary for full-time work (whatever that means whether it's ass-in-seat for 40 hours, or WFH or whatever). Whatever they do outside of that time isn't the company's business unless they're directly competing with them.

It's not imaginary, it's called copyright. In many jurisdictions (including the US, FAFAIK) your employer retains the copyright of things you produce in your free time that fall within your job description (e.g. if you might have done the same thing on company time).

So if you have a side gig that matches your day job and your work output is covered by copyright: yes, you need your employer's sign-off.

The US is not a single jurisdiction, there are at least 50 with regards to employment law. I've worked in several and at no point has any employer held any copyright to things I product in my free time.

> if you have a side gig that matches your day job

Well this is competition, isn't it? That's completely different.

This is illegal in Washington State and California, explicitly, and is not the default by far. Certain employers (such as Facebook) demand this, but, it's certainly not the default state of affairs!