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Contracting while on payroll

Posted on 9/11/26 at 8:53 pm
Posted by DonJuanDaMiles
San Diego, CA
Member since Feb 2014
1882 posts
Posted on 9/11/26 at 8:53 pm
Made an app that I just did proof of concept for today. I built the app with my own hardware and software on my own time. The app creates a dashboard and visual tracking, GIS, drone surveying modeling of topography for site assessments etc, and takes inputs of CSV/spreadsheets from various databases and combines everything into a management tool for all our emergency operations.

How would you monetize it with your work? Licensing? Monthly subscription? I think they’re assuming I’m going to give it to them since I’m a good employee, but frick that.
Posted by The Third Leg
Idiot Out Wandering Around
Member since May 2014
12850 posts
Posted on 9/11/26 at 8:57 pm to
Why do they know about it?

Sounds like you’re going to find yourself in a gray area of IP rights and invite litigation you might have to defend by doing so.

I would go to an IP lawyer, not the OT, and give him copies of your employee agreement before you invest in the business.

From there, where to take it depends on your ability to market it for mass market adoption and consumption.
This post was edited on 9/11/26 at 9:28 pm
Posted by OweO
Plaquemine, La
Member since Sep 2009
122616 posts
Posted on 9/11/26 at 8:58 pm to
Did you check to see if you signed anything when you were hired that says anything you build that is related to your job the company will have the rights to it?
Posted by clamdip
Rocky Mountain High
Member since Sep 2004
22423 posts
Posted on 9/11/26 at 8:59 pm to
quote:

Why do they know about it.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
8378 posts
Posted on 9/11/26 at 9:11 pm to
quote:

How would you monetize it with your work? Licensing? Monthly subscription? I think they’re assuming I’m going to give it to them since I’m a good employee, but frick that.


Well if you're showing it to your employer and/or using it in your current paid work for said employer, you might find yourself in a pickle. Using the phase "all our emergency operations" seems like you are intending to use it as part of your job.

If you are intending to market this outside of your employment, why does your employer even know about it? If your intent is to sell this to your current employer outside of your job duties, have you even discussed this with your employer?

As other posters have said you need to read any agreements you signed at hire.

Not enough detail here really to offer any meaningful advice.

Posted by DonJuanDaMiles
San Diego, CA
Member since Feb 2014
1882 posts
Posted on 9/11/26 at 10:42 pm to
They only know about it because I’m close with my supervisor and the head of our department. I sent them a video recording of me running through a demo. I’ve held a lot of positions and have a pretty good picture of the entire thing. I’ve also worked on a Gantt chart of the whole thing to teach myself about the process and what depends on what.
Posted by Ben Hur
Baton Rouge, LA
Member since Feb 2013
1020 posts
Posted on 9/11/26 at 10:50 pm to
Did you ever work on this project during company hours or use the company’s computers/devices to develop it?
Posted by DonJuanDaMiles
San Diego, CA
Member since Feb 2014
1882 posts
Posted on 9/11/26 at 10:51 pm to
quote:

Did you check to see if you signed anything when you were hired that says anything you build that is related to your job the company will have the rights


Nah I don’t do anything like this in my current role, nor have I ever. I do exercises and training in my day to day, and then different stuff when I’m in response.

We recently got sued for failing to do something on time, and I thought if I made something that fixed the problem they would value me.

I’m pretty confident I owe them nothing. In fact, I’m in the process of collecting back pay and getting a pay bump because I’ve been doing my job and more because we have so many people out for long periods.

I’ve just recently quit smoking and am bored and anxious at the same time every minute of every day it seems like and am looking for stuff to do to keep busy so I can’t think about it.
Posted by DonJuanDaMiles
San Diego, CA
Member since Feb 2014
1882 posts
Posted on 9/11/26 at 10:52 pm to
quote:

Did you ever work on this project during company hours or use the company’s computers/devices to develop it


No, I built it while taking a week off in another city on my personal computer.
Posted by Cage Fighter Trainee
Member since Aug 2024
365 posts
Posted on 9/11/26 at 11:08 pm to
quote:

How would you monetize it


You work for you. Figure it out on your own and don’t give anything away. You did that, don’t give it to “to the man” for nothing. Figure it out and change your life, you get very few of these opportunities if you can capitalize on them. We ALL get them and most of us miss or pass on the opportunity. I’m speaking from experience. FIGURE IT OUT!
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
25257 posts
Posted on 9/12/26 at 7:01 am to
The first thing you need to do is delete this post. The second thing you need to do is check the intellectual property rights of your employment agreement.
Posted by UltimaParadox
North Carolina
Member since Nov 2008
53094 posts
Posted on 9/12/26 at 7:05 am to
Based on the post and the plans to monetize via app. I wouldn't quit my day job.

If you are planning to sell this app to your employer, I wouldn't even try
Posted by Upperdecker
St. George, LA
Member since Nov 2014
34007 posts
Posted on 9/12/26 at 7:06 am to
Some companies have an “anything you make on your own time belongs to us” clause. You likely signed it and don’t remember. I definitely would not be trying to sell something I made to my own company. They may look the other way if you sell it to other companies in the area, but trying to sell it to your own company is grounds for termination or lawsuit
Posted by Upperdecker
St. George, LA
Member since Nov 2014
34007 posts
Posted on 9/12/26 at 7:10 am to
quote:

and I thought if I made something that fixed the problem they would value me.

That would make sense if you made it for them and gave it to them. You want to sell it to them. They won’t like that
Posted by Stinger_1066
On a golf course
Member since Jul 2021
3910 posts
Posted on 9/12/26 at 8:16 am to
quote:


Made an app that I just did proof of concept for today. I built the app with my own hardware and software on my own time. The app creates a dashboard and visual tracking, GIS, drone surveying modeling of topography for site assessments etc, and takes inputs of CSV/spreadsheets from various databases and combines everything into a management tool for all our emergency operations.

How would you monetize it with your work? Licensing? Monthly subscription? I think they’re assuming I’m going to give it to them since I’m a good employee, but frick that.


You are most likely fricked. You probably signed away the rights to anything you create on the first day that you worked for that company.
Posted by DonJuanDaMiles
San Diego, CA
Member since Feb 2014
1882 posts
Posted on 9/12/26 at 8:37 am to
quote:

You are most likely fricked. You probably signed away the rights to anything you create on the first day that you worked for that company.


I don’t know how many times I can say I didn’t sign away any right I had to anything I create on my free time.

But thanks for multiple posts of you probably signed something and are fricked.

Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
73027 posts
Posted on 9/12/26 at 8:41 am to
quote:

didn’t sign away any right I had to anything I create on my free time.


Unless you work for a very small mom and pop organization, you almost certainly in some form or another agreed to such a clause.
Posted by eitek1
Member since Jun 2011
2922 posts
Posted on 9/12/26 at 8:52 am to
I did something very similar. Designed everything on my Christmas vacation. Never used any company time or resources, etc. A buddy from work eventually helped develop it but not on company time.

I wanted to go through the proper channels and did everything I was supposed to. The company I work for and the documents I signed basically say they own any patentable IP. Programs are generally not patentable. You can copyright the code but that’s about it.

They still said “umm, no… this belongs to us”. I used their own rule book to show it didn’t. They still didn’t want to give it up. It took a year and nine months of me knowing their rules better than they did to get “their rights” officially signed over.

Figure out if you signed anything first. The other guy that helped develop it never signed anything. They still said “but it’s implied”. Which is BS.

They will probably fight you for it because they can. DO NOT use it at work because this will bolster that claim.

As far as the product, use a subscription model. Roll out improvements, etc as part of the package. Our stuff is really very simple but powerful software. We’ve done pretty good but I think the next year or two is going to be great.

Edit…

You could do something like this, you could set up a free 3 year use license for your current employer for the release of ALL IP rights to you. Right now, all you have is a proof of concept. You will need customer feedback and user data to bake a bulletproof market ready product. We spent a year finding issues, etc.
This post was edited on 9/12/26 at 8:57 am
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
74091 posts
Posted on 9/12/26 at 9:01 am to
quote:

Contracting while on payroll


Not as cool as expanding while on payroll.
Posted by DonJuanDaMiles
San Diego, CA
Member since Feb 2014
1882 posts
Posted on 9/12/26 at 9:03 am to
quote:

I did something very similar. Designed everything on my Christmas vacation. Never used any company time or resources, etc. A buddy from work eventually helped develop it but not on company time. I wanted to go through the proper channels and did everything I was supposed to. The company I work for and the documents I signed basically say they own any patentable IP. Programs are generally not patentable. You can copyright the code but that’s about it. They still said “umm, no… this belongs to us”. I used their own rule book to show it didn’t. They still didn’t want to give it up. It took a year and nine months of me knowing their rules better than they did to get “their rights” officially signed over. Figure out if you signed anything first. The other guy that helped develop it never signed anything. They still said “but it’s implied”. Which is BS. They will probably fight you for it because they can. DO NOT use it at work because this will bolster that claim. As far as the product, use a subscription model. Roll out improvements, etc as part of the package. Our stuff is really very simple but powerful software. We’ve done pretty good but I think the next year or two is going to be great.


Thank you. I haven’t used it at work and this is about to be our busy season which is why I wanted to get some opinions.

Not looking to get rich, but seeing as I just won a semi fight to get compensated for the other work I was doing I just wanted to make sure I didn’t keep giving stuff away for free.
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