Question posted in the Intellectual Property Law category relating to Western Cape
I received a fulltime job offer I'm considering but am worried about conflict of interest. Specifically I'm concerned that anything I develop in side work may be considered this Employer's intellectual property and/or a conflict of interest.
The job offer is for a job aimed at improving Employee experience at this company. The side work I started conceptualising this year is something I would like to develop over the medium-term so that in a few years I can work more independently and run a business which is aimed at improving Guest Experience in the hotel and hospitality industry with a partner who has the same interest. While I am employed with this Employer I would like to build this business' brand by doing research, writing articles, possibly giving talks or even some consulting and training.
I have a general interest in the user, guest, customer, employee experience, technology, behaviour, and the research and practices around it. This is one reason I am considering the job offer. I believe I can help this Employer mature their Employee Experience practice to a point where they no longer require me in 2-3 years.
Most employment contracts do not allow Employees to moonlight and may consider this a conflict of interest. How can I avoid issues related to this down the road and make the Employer confident that employing me would benefit us both? How can we reflect this in the employment agreement?
Information Requested by Lawyer
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.
Anything that you develop in your job, as part of your job, would form part of your employer's IP.
Q: Most employment contracts do not allow Employees to moonlight and may consider this a conflict of interest. --> This is 100% normal that you can't moonlight. I think that this would be a conflict.
Q: How can I avoid issues related to this down the road and make the Employer confident that employing me would benefit us both? --> Be upfront with your employer, and reach a middle ground that your employer is happy with.
Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!