Freelance while working full-time? Illegal?

[Double J]

Hi,

 

I just accepted a job offer after a long and drawn-out search.

 

Even after negotiations they offered me 3k less than I'd hoped for. I could have asked for more but didn't want to seem too pushy, being that the job market is horrible right now. I got other offers a few months back that were roughly 3k higher (those offers are now gone), but didn't choose them for reasons that were justified. I was thinking of doing some freelance work (from home) on the side which would actually add well over 3k to my yearly income. However, the company that offered the position made me sign a contract that restricts me from working for any other employer or party. It's not clear whether freelancing, in which one works for himself, falls under that.

 

I would only be working from home on the weekends, so it would not in any way interfere with my responsibilities with this employer. Also, I'd say the chances of them discovering anything are slim to none. I've seen that several people do this, so it wouldn't be illegal, would it?

 

Do you feel a difference of 3k justifies this course of action?

 

Thanks.

[Mlost]

You're restricted from ANY kind of work?? That seems really extreme. Most companies just won't let you work for any competitors or other companies that could be perceived as you having a conflict of interest or a conflicting schedule.

 

But besides that, it's really your call. If it's on the weekend, out of your home, how would they ever find out? If you signed something saying that you wouldn't, then it's unethical to do so, but that's up to you.

[joesonlineaucs]

Agreed just do the freelance from home. No reason they would find out I mean come on.

[Mlost]

Agreed just do the freelance from home. No reason they would find out I mean come on.

 

It's not that they won't find out, the OP was also asking if he was justified in doing so.

 

They said that other people were doing it, so that didn't make it illegal right? Well, technically it is illegal as it's a breach of contract.

[BeStrongBeHappy]

You have to be very careful about violating employment contracts, since they are a contract like anything else, and your employer could sue you for damages if they find out.

 

Most employment contracts prohibit you from working for competitors or in the same industry. If what you are doing on the side has absolutely nothing to do with the work or industry nor is a competitor, it might be OK. But consult your contract and take it seriously as it could turn out badly if someone discovers you violated it... firing at best, a lawsuit with damages at worst.

[CaptainNapalm]

You did not specify your field of work but many companies make you sign such specifics in a contract because it results in conflict of interest. As a broad example, an artist is hired by "Company X" to come up with creative advertising posters for the company which will be published to gain an edge on the competition. While the artist is doing work on the side he may implement original ideas he intended to use for

"Company X" for his smaller venture on the side and this also works vise versa. This is not always done on purpose but it happens. This example applies to many other positions also many even of which are sales as not to steal customers.

 

If you were to chose to do this work for another employer or party on your free time what you would be doing is infact illegal. Not to say you would be criminally charged or anything but you are breaking "contract law" which can result in immediate termination and gives the company a public right to slander you if they chose. For the extra 3k I would not even think about it. Why not just work hard loyally for this company and see if your salary improves based on performance.

[JadedStar]

Normally the only type of work restricted and that you would sign a contract to would be work that causes ANY type of competition to your current company, or that would require you to use ANY company resources while working. If there is any type of conflict of interest, no matter how slight, then yes the contract would prevent you from doing it. Being freelance doesn't really matter at all. If any of the above is going to take place iwth the freelance work it would be prohibited. For example if you work for an electronics service company, and you are freelancing on the side repairing electronics, you have created a conflict of interest. Even if you don't use any of the cmopanies resources on this side job the conflict still is there. This situation occurred at my last company. An employee was doing computer repair work on the side in his free time and the company found out and terminated him.

 

Other than that it is almost unheard of to not be able to work PT elsewhere, either employed by another company or freelance. For example a teacher working PT at Macy's to be able to pay her bills is normally ok. No conflict of interest, direct competition or use of company resources is likely to occur in reasonable circumstances.

[karvala]

If there's no conflict of interest with your current employers, you could approach them and casually mention that you're planning on doing a bit of freelance work at the weekend to improve your skills, and you hope they don't mind, and I'm sure they'll say it's fine.

 

If they don't, which would be strange, and you still want to do it, you could check with an attorney about the legal situation. I don't know the law in the US, but in the UK a contract clause which placed a blanket restriction on taking any other employment would have no legal force.