keeping my company and working as employee at the same time

[oren]

I got a full-time job offer as employee (and not on as a contractor).
My current client might need some help on the weekends in the next
month,
so I might still do contruct work.

Can I keep my corporation (corp S) while working full time?
What if I don't get any revenue for my company is it a problem from a
ligal aspect?
Do I have to notify my employer about the contract work I do from time
to time?
Any other implications that I need to be aware of, like tax or ligal
issues?

Thanks!

[Rick M.]

Are you working in the United States?

You should be able to keep your corporation but should VERY carefully
read any non-compete clauses that your job might require you to agree
to. A lot of times you'll be able to do projects as long as they
don't directly compete with projects you're working on at your job.

Read any non-compete documents carefully to find out how limited you
are to doing outside work and what type of outside work. Be careful
to see how committed you might be to that agreement after contract
termination in case you want to leave your job to run your corporation
full time. The contract might prevent you from taking in certain
types of clients for a while.

Hope this helps!
Rick

(I am not an attorney. You should not depend on any advice I give
you. Seek a licensed attorney if you're looking for legal advice.
Thanks!)

[Evan Weaver]

Also watch out for any disclosure clauses requiring you to tell your
new employer about any outside work you do. Strike them out and
initial the change if you can, but most employers fuss about you
altering the NDA/NCA. And don't do any outside work on employer
property or on employer-bought hardware at home, or your employer will
be able to make a copyright claim on it. This includes everything--a
desk, an internet connection, on your lunch break while sitting in
their cafeteria.

Most NCA's last for two years. NDA's can last much longer.

California has the most employee-friendly laws regarding this, as far as I know.

I am not a lawyer and this is not legal advice.

Evan

On 9/18/07, Evan Weaver <ev...@cloudbur.st> wrote:
> Also watch out for any disclosure clauses requiring you to tell your
> new employer about any outside work you do. Strike them out and
> initial the change if you can, but most employers fuss about you
> altering the NDA/NCA. And don't do any outside work on employer
> property or on employer-bought hardware at home, or your employer will
> be able to make a copyright claim on it. This includes everything--a
> desk, an internet connection, on your lunch break while sitting in
> their cafeteria.
>
> Most NCA's last for two years. NDA's can last much longer.
>
> California has the most employee-friendly laws regarding this, as far as I know.
>
> I am not a lawyer and this is not legal advice.
>
> Evan

> --
> Evan Weaver
> Cloudburst, LLC
>

--
Evan Weaver
Cloudburst, LLC

[Court]

Hi there, I have just joined this group and noticed this post. I
guess this can be my first $0.02 :)

I had to let go of my contractor jobs after about 2 months of pain,
for reasons that may or may not relate to your situation. The full-
time job was a true full-time job and I was having difficulties
meeting the needs of clients while meeting the needs of my employer.
Often the client wanted work done right away (yeah i know thats rare,
right?), so that needs to be really clarified with them that you are
unavailable during certain times. The day-job typically prevails.

Something else you need to be VERY careful of is that any code you
write while on the job and on a job's computer is owned by the
employer, so be sure not to reuse anything thats even slightly
obvious. Its considered intellectual property and many large lawsuits
were born out of it. Check your contract, etc to see if using any
previously generated code in your toolkit will become property of your
new place of work if you use it.

I learned the funny way that it's ok to moonlight here, provided the
jobs are of a completely different business: I had a client named Bob
and my new boss was named Bob as well. So i hit the wrong speed dial
and leave a message about the state of the online shoe store--to my
boss at the network security company. oops. Lesson learned: dont
hide anything or itll come around and potentially bite you.

Hope this helps,

Court