Baget is temporarily down for maintenance. The team is on it and we'll be back shortly.
Baget

Samuel Jefroykin6 min read

Can you build a business on the side while you are employed?

Yes, you can usually build a business on the side while you are employed. Most people who do it never hit a problem. The ones who do hit a problem almost always hit one of three: a contract clause they never read, work done on company time or company equipment, or a product too close to what their employer sells. This post walks through those three, in plain language, plus the one situation that catches builders by surprise: selling the thing to your own employer. It is not legal advice. Contracts and local law differ, and where real money or a real conflict is involved, an hour with an employment lawyer is cheap compared to the alternative.

What should you look for in your employment contract?

Four things. Read the actual document, not the summary you remember from onboarding.

The first is an intellectual property or "inventions" clause. Many contracts say the employer owns what you create during your employment. Some limit that to work related to your job or to the company's business. Some do not limit it at all. The wording of your clause is what counts.

The second is an outside activities or moonlighting clause. This can range from "tell us" to "ask us first" to "do not". If it says ask, ask, in writing, and keep the answer. A short email that says what you are building and that it is unrelated to your role is usually enough, and it is the single most protective thing you can do.

The third is a non-compete or non-solicit clause. Even where non-competes are weakly enforced, a project that competes with your employer or courts their customers is the one most likely to end badly, so take it as a boundary rather than a bet.

The fourth is confidentiality. This one is simple: nothing you learned inside the company goes into the project. Not the customer list, not the internal pricing, not the thing you know about the roadmap.

What counts as company time and company equipment?

More than most people assume. Company time is working hours, including the slow afternoon when nobody would notice. Company equipment is the laptop, the phone, the accounts, and the coding tool subscription the company pays for. Company information is anything you would not have known without the job.

The practical rule is total separation. Your own laptop, your own accounts, your own email, your own hours. This is not only about ownership. It is about being able to show, if it ever matters, that the project was yours from the first commit. One builder we interviewed described a rhythm that fits around a job, with "periods where I worked more and periods where I worked less." That is what side building looks like from the inside, and it is fine, as long as the periods are your own time.

How close is too close to your employer's business?

The honest answer is that it depends on what you are building and what your employer actually does, and only you can judge that. The useful test is whether your employer would see the project as something they could have shipped. A tool for a hobby you have, unrelated to your industry, is as far away as it gets. A tool that solves a problem you see at work every day, for people like your colleagues, is the kind that gets contested, and it is also, frustratingly, the kind side builders are best placed to build, because they know the problem.

If yours is the second kind, the disclosure email from the section above matters even more, and so does keeping company data out of it. Many employers are relaxed about this when told early and alarmed when they find out late.

What happens when your employer could be your first customer?

This happens more than you would think. You build something for a problem at work, it works, and the obvious first customer is the place you already sit. One builder we interviewed was in exactly that spot, "trying to get it implemented at my Job as we have a long list of Unauthorized Guests. And we Host a lot of Events." The next step was not a sale. It was a review: "Waiting to get it approved by my GM & IT Dept. Just want to ensure there are no risks installing it on the Organizations network."

That is the right order. Selling to your employer means passing their IT and security review, disclosing the conflict of interest openly, and accepting that they may ask who owns the thing before they pay for it. If the answer to that last question is unclear because of the contract clause above, settle it in writing before any money moves. Some employers will want to buy it outright. Some will want a licence. Some will say no on principle. All three are better than a quiet deployment that surfaces in an audit.

What is the admin side once money comes in?

The moment a stranger pays you, the project stops being a hobby for tax purposes, whatever you call it. The basics are the same almost everywhere: income from the side business is taxable income, you need to record what comes in and what goes out, and at some threshold or on some trigger you will need to register something, whether that is a sole trader status, a small company, or a local equivalent. The threshold and the form vary by country, so look up yours rather than assuming. Keep the money in a separate account from day one. It costs nothing and it saves you from reconstructing a year of mixed transactions later. What it costs to get started at all is in do you need money to start a business.

One builder we interviewed described the balancing act of funding a product personally while "still working my full time job". That is the normal shape. The job pays for the experiment. The experiment should not put the job at risk.

What does building on the side actually look like week to week?

Smaller than the articles make it sound. A few focused hours, often fewer than you planned. The build is the part today's tools make fast. The slow part is the business side: an offer someone will pay for, a price, a way to reach the right people, support when something breaks at nine on a Tuesday evening. We have written separately about running support around a day job, about pricing a side project without guessing, and about where a side project's first users come from. The four jobs in how to start a business with no experience are the map for all of it, and how to turn a side project into a real business and you vibe coded an app, here is what is still missing walk the gap between a working build and a business.

None of that gets shorter because you are careful about your contract. It does get safer, and safer is what lets you keep going for the months it takes to find out whether the thing sells.

If the contract check is done and the business side is what is left, describe your idea in one sentence and baget's agents set up the admin, the offer and the first customer outreach around your hours. It costs nothing to look.