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Sloan the DEV Moderator
Sloan the DEV Moderator

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What to do if my current workplace doesn't allow me to do what I want in my free time?

I'm working for a big multinational corporation as a developer. I decided to do some side-projects and coding in my free time, after work hours.
But the company does not allow me to do the following after work hours:

  • Contribute to open-source projects - If I do, I need to get written approval from the company for each repository I would like to contribute to.
  • Do any kind of side-projects which are related to coding - As they think I will be their competitor. They have billions of revenue each year...

After I realized how much they are limiting my free will, I started to look for other jobs.

The problem is that if I make my side projects public, they could sue me. But, if I don't do it, how should I get a job, without anything to show in the interview or in the application?

Was somebody in the same situation? What can I do?

I prefer a remote job, as I do not want to relocate my whole family. But, it's hard to find without any 'portfolio' to show. I have several IT skills besides coding as I'm working for 10 years in IT.

Oldest comments (21)

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deciduously profile image
Ben Lovy

I don't have enough experience to actually give advice, but that sounds nuts to me, and I'm glad "find a new job" is near the top of your list.

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ben profile image
Ben Halpern

Try to get an idea of whether they could sue you for real. I believe these kinds of clauses are often technically difficult to enforce.

If I do, I need to get written approval from the company for each repository I would like to contribute to.

Can you get this permission in a way that will help you build your profile out?

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glennmen profile image
Glenn Carremans

I heard about companies that don't allow employees to work on side-projects in their free time but this mostly only applies if the side-project is related to the company core business.
For example if your work makes software for conferencing but your side project will be some kind of mobile game, completely different core business and public then it shouldn't be an issue.

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itsasine profile image
ItsASine (Kayla)

Yeah, I'm not making FHIR or other healthcare adjacent stuff out of office, so my employer doesn't care. It's not like my Pokemon playthings hurt their bottom line.

I'd be really surprised if a company had a non-compete such that all software infringes on them. And I'd be more shocked if it was enforceable -- though it's likely not worth the time and money to find out.

@OP, I don't think you need a portfolio to get a new job. It would just be helpful, but you'll still be expected to do virtual whiteboarding and whatnot if a company wants to see your code in action.

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monicat profile image
Monica Macomber

Yikes, that sounds strict. Maybe you could have a lawyer take a look at your contract, if there's a workaround they'd be able to find one. Best of luck.

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petermilovcik profile image
PeterMilovcik

This looks like a really bad environment to be. I would not stay in such a place for sure.

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byrro profile image
Renato Byrro • Edited

Check your country laws, but it's likely that either:

  • They have to pay you for the time they want to have a say over your work; or
  • This clause is probably illegal;

If your side projects aren't related to their business, they can't claim anti competition grounds. And if they're not paying for your time, they can't have a say over what you do with it, as long as what you're doing is not illegal, risks damaging their reputation or their business.

If your projects are related, but not really competing, a way around might be teaching other people. Publish your code and instructions. Having educational purposes helps to rule out any intentions to compete against them and you can argue that teaching is a good way of learning, as is widely known.

Look for a lawyer to get professional advice, as I'm not one.

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victorioberra profile image
Victorio Berra

risks damaging their reputation or their business.

  • This is probably their main concern. If everyone knows John Doe works for ABC and John writes some pretty horrible code that could end up looking very bad for the company.
  • Even worse, if John Doe contributes some code with obvious security holes one might think to try some specific attacks against ABCs apps.

In both of these situations, ABC might want to talk to John and give him permission about which projects he should be contributing to.

Otherwise, create an anonymous GitHub, do whatever you want, if you quit or get fired change the GitHub name to your real name (surprise! it was me John all along! muahaha) and then call their bluff on the lawsuit part.

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byrro profile image
Renato Byrro

I was thinking more about profanity, obscenity, getting involved in violent extremist groups, or the like. I wouldn't want an employee contributing to web apps related to KKK, Antifa or anything violent such as. But that's more about whether the person fits the company culture or not.

Although I get your point of view, I still don't think it should be grounds to limit what an employee can or cannot do in their free time.

What the company could state in their contract is: "You agree that we can monitor your public projects and contributions to open-source. The code contributed publicly can be used to assess your performance and continuity of the contract with Company XYZ".

That would be reasonable and acceptable.

Becoming a toll to proactively limit what the person can/cannot do is unacceptable. An employer is hiring hours of his time, not his life or free will.

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joebuckle-dev profile image
Joe Buckle • Edited

Never heard of this crap before. I would be inclined to work on my side projects during work hours!

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adam_cyclones profile image
Adam Crockett 🌀

I am going to say this as objectively as possible. It bothers you, so much so that you posted this, so you have probably thought about leaving. If you are like me you cant not code. People say relax but making shit is my relaxing. So if you are like this, you can either call thier bluff and Dev your own stuff, get another laptop if you have to even a Chromebook will do and just do what you want. Work is work, it is not your life. Or quit and find 99% of companies do let you do this. BUT it's not easy to start a new job, I'm 3 weeks old in my new job I can tell you with conviction.

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jouo profile image
Jashua

That sounds awful, in my opinion it's not their business what employees do after work, I personally wouldn't have taken that offer

Why did you take it? :(

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enigmaticsoulrg profile image
Virgo Clarity

So much great feedback provided for you and I hope it gave you an idea of what your next steps are. Yes, I totally feel that they should not have control over what you are doing when off company time with respect to it not viewing badly on the company. Growth for the company and individual (you) should be of importance... different but also related. I hope the best come to you for your family, personal well-being, and not creating conditions that stunt your growth. Keep up the great work and keep standing up for yourself.