Employer won’t let me make websites as a hobby/freetime and now I got laid off?
I worked in a Web Development company where I help built websites, Internet Marketing (SEO, SEM, PPC, ecommerce, mailing list, etc).
Now, according to my contract/non-compete, it states I can’t work on a company doing the same thing nor do something similar. Well, this makes no sense to me since, for the past year I’ve been working on projects that constantly got can celled due to clients not paying on time and using outdated technologies. So, in terms of experience for work, I don’t got much of a portfolio to show. Now, here’s the worse part — the company don’t want me to make websites in my own free time as a hobby — basically, I can’t built my own web app or websites making money on the side (mailing list, selling things, affiliates, etc). To them, they’re afraid I’m copying their ideas — but isn’t that stupid since 90% of websites that money do the same thing??? How can you protect that? And if they somehow google my name and link me to a website I’ve built in my freetime, they were planning to acquire it and take legal action for it.
Ok, about two weeks ago, I got laid off due to budget cut…so now I can’t say how much I’ve accomplish at the company due to projects going downhill. And if prospective employers in an interview ask me if I enjoy making websites/programming or running one on my own as a hobby, I can’t show anything since my previous employer did not want me to make websites or money off it as a hobby.
How do I deal with this situation?
I understand your problem, our old company used to do that until we started scratching out that part of the agreement. Stopping a developer from developing didn’t make sense.
Also, we found out many non-compete clauses are not enforceable for many of the reason you state. Even a signed non-compete must have a limit of 6 months, or year maximum.
They cannot stop you from creating your own websites as a hobby as that is not competing. You are not doing it for money. Certainly if you are not following their "style" of web design (look and feel) you should be ok.
Bottom line, check your local yellow pages or government services for free legal counsel and discuss it with them. If you don’t have a copy of the agreement then ask for it from your company – they cannot refuse to allow you to have a copy.
You say that they used outdated technologies, then use this time to use newer technologies and tools. Experiment and broaden your horizons.
Filed under: SEO/SEM
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It *is* stupid, but if you signed a non-compete, it’s what you agreed to. I would review what you signed carefully; something created just "for fun" and not for profit might be okay. It is a contract, however, and you have to comply with its terms.
References :
I understand your problem, our old company used to do that until we started scratching out that part of the agreement. Stopping a developer from developing didn’t make sense.
Also, we found out many non-compete clauses are not enforceable for many of the reason you state. Even a signed non-compete must have a limit of 6 months, or year maximum.
They cannot stop you from creating your own websites as a hobby as that is not competing. You are not doing it for money. Certainly if you are not following their "style" of web design (look and feel) you should be ok.
Bottom line, check your local yellow pages or government services for free legal counsel and discuss it with them. If you don’t have a copy of the agreement then ask for it from your company – they cannot refuse to allow you to have a copy.
You say that they used outdated technologies, then use this time to use newer technologies and tools. Experiment and broaden your horizons.
References :