Should I register my own LLC and do freelance work if I am already working for a software company? How the conflict of interest can be avoided in this case?

Hi,

I ‘m working as a software engineer for a health and wellness software company.
I would also like to register my own LCC and do freelancing work side by side.
How can I defend this freelance work against my company interest? How my
conflict of interest can be avoided?

Thanks

Hamid

Asked on January 20, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you do not have some employment or noncompetition agreement which prevents you doing freelancing on the side, legally you may do this: someone may have their own business, may have side jobs or gigs, etc. so long as they have not contractully agreed to not do these things.
But you have to keep it competely separate. Do not take calls for, answer texts or emails for, etc. during work hours for your regular job. Do not use any company resources for the LLC--that includes not using the employer's computers, server, internet access, software, etc.--don't even take office supplies home from your employer for this. Do not reach out to customers/clients of the software company for business. Do not do any work for your LLC on company time. And do not work on any projects or produce any deliverables related to your work for your employer, since otherwise they could (reasonably) believe you are using knowledge, etc. gained at work for your own benefit. Keep what you do on the side as separate from what you do for the software company as if your side job was being an Uber driver.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.