How do I legally protect myself while doing freelance work?

How can an employee protect the IP created during after-hours work?

• I've been working on a startup but am running out of cash and will not be able to launch before I get a job. I will be speaking about the startup while I am interviewing for jobs, so after getting hired I expect my employer to be able to observe certain public activities of mine that relate to my startup. These activities might be considered undesirable by certain managers but I am committed to keeping this project going while I work during the day. I'm just not sure how to insist on this during the hiring process and prevent conflicts down the road. What I'm worried about is my employer later claiming ownership of my "side project"/side business (even though it is 90% complete at the moment). One of the jobs I am considering is in a similar area to the startup I have been working on - which makes it even more likely they will perceive a conflict of interest at some point - even if my current hiring manager does not perceive a conflict. But people in charge change over time and can eventually see things differently down the road. Or it's possible some type of conflict may emerge with my employer in which this could be used as a threat. I have been debating whether to incorporate now or later and whether this might afford some type of protection to my intellectual property (IP) - if I transfer it to the incorporated company before I start working for an employer, perhaps this would prevent the employer claiming that they own the IP that I work on after I go home from work every night. Also, what should I be looking out for in employment non-compete agreements that might interfere with my ability to work on this project after work?

• Answer:

  I think you need to speak to a lawyer about this and take any contract of employment with you (unsigned). If you have this much at risk, I think you should be seeking professional advice. I personally have turned down contracts in order to protect my own IP. For my situation, the risk of signing the type of contract stating, 'all your work are belong to us' is not worth it because I spent years working it (it's natural language processing which requires lots of development before an MVP is possible).