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?

UPDATED: Oct 1, 2022

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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?


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?



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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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