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Conflict of intrest

         

WebMistress Siggy

9:38 pm on May 14, 2003 (gmt 0)

10+ Year Member



I just finished redesigning my employers web site and one of his competitors sent me an e-mail asking if I would be intrested in or know someone intrested in redesigning there website. Could I moraly and Legaly take this project on as a free-lance job?

Shak

9:41 pm on May 14, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



WebMistress, welcome to webmasterworld.

As an employer, I would NOT be happy that an employee was designing for a competitor.

obviously there are lots of factors to consider, but the crucial thing is "How would you feel" if you were the employer and a staff member did this?

Shak

bunltd

10:00 pm on May 14, 2003 (gmt 0)

10+ Year Member



Welcome to WebmasterWorld. I agree with Shak.

Looks like a conflict in the making. Many people work on the side, outside of their regular employment - but to work on the web site of a direct competitor while you're still an employee, well, let's just say I've heard of people losing their jobs over less. It might not happen, but could you live with it, if it turned out that way? Whatever you decide, be careful.

LisaB

DrCool

10:06 pm on May 14, 2003 (gmt 0)

10+ Year Member



It would probably be better to pass on this one. The conflict of interest could raise too many questions.

On the other hand you might approach your employer and ask them what they think about it. The worst he can say is no. Depending on what you will be doing for the competitior it might give you some other ideas you can use for your company in the future. There is a lot to be learned from befriending the competition.

Ducati

10:14 pm on May 14, 2003 (gmt 0)

10+ Year Member



Is it Legal? - sure (unless of course, you signed a non-compete agreement)

Is it ethical? - well, that's up to your interpretation of what's right and wrong. I agree with DrCool - ask the boss kindly... ya just never know.

Another thing you could do is to transition to a consultant/free-lance for your existing employer and pick up other free-lance jobs (assuming there are opportunities). That would eliminate the moral dilemma.

Good luck!

Jenstar

10:14 pm on May 14, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I agree with the other posts - I would not do the competitor's site as well. However, if you are hired as a contractor, and not an employee, it could be possible - but if you are a contractor, you probably signed some sort of agreement statting you wouldn't work for the competition during employment and for x number of months or years after the contract ends.

WebMistress Siggy

10:18 pm on May 14, 2003 (gmt 0)

10+ Year Member



one thing I'm not new to the bords. I have another username at work but i didn't want this post to be traced back there.

two at my firts reply to the offer was to cordualy say "Talk to the Hand"

But today(while i do enjoy my job) My employer cut my hours and didn't give me a raise after 90 days, however my every day bills have gone up. and my house is falling down (estmated $9000 worth of work needs done in next 2 years)So I have sort of reconsidered their offer

I guess I could always ask what the competitor would pay (wouldn't that be great if the 2 of them got into a biding war for me)

And the only think i signed was a tax paper saying alowing them to withhold taxes and saying i was elegable for emplyment yadayada

hasbeen

10:28 pm on May 14, 2003 (gmt 0)

10+ Year Member



I don't see a problem with a "redesign". However, if you're offering design and SEO, then that may be seen as a bit shady. Simply designing a site shouldn't cause a problem. In my mind, artisitic input is separate from optimization and such.

Of course, if you're going to write, or re-write content for them, then that's another story as there are many more implications.

webwoman

7:12 pm on May 15, 2003 (gmt 0)

10+ Year Member



I couldn't disagree more. There is nothing wrong with using your web design talents for more than one company in the same field. If your employer just cut your hours, surely he must understand that you are going to supplement your income elsewhere. You are a web designer - it's not like there is a conflict of interest where your web design is going to harm the other competitor. Lawyers, Agents, Financial Advisors, people who negotiate money for others - these fields are prone to conflict of interest - not Web Designers!

Passing secret information from one competitor to the other would be wrong - but as the web designer you shouldn't have access to trade secrets. The information you have access to is being put on the web!

Even on the subject of SEO - I see nothing wrong with optimizing sites in the same field. After all, there are 10 spots available on page one :) So, I guess I would feel a conflict on that 11th client...

peterdaly

7:51 pm on May 15, 2003 (gmt 0)

10+ Year Member



I would suggest seeing if the competitor would hire you full time, especially if your current employer just cut your hours. That would allow you to do their site without the conflict.

I wouldn't touch the job with a 10 foot pole as long as I was employed at your current place.

-Pete

le_gber

8:31 pm on May 15, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



hum, hum, I must say I first thought that I wouldn't be ethical but then realised that you didn't told us if your job was doing websites (aka webdesigner for web agency) or if you just did/do your company's site (aka webamaster/IT manager etc...) and it's part of your job description.

If the first option I don't see any problem other than small ethical.
The second might get you in more trouble.

As DrCool said you might wanna ask you just never know.

One question though: do you know anybody else who could do the job and that you trust, or could make everybody beleive they did the job ... If you do, why not talking with him, so they endorse the job, be the competitor contact and you do the site and give your friend a percentage of the moeny you get ... or you bring the client to him/her and you get the percentage. (I prefer the first option, you get more money ;) )

In any case be careful and good luck

Leo

WebMistress Siggy

2:20 am on May 16, 2003 (gmt 0)

10+ Year Member



OK currently I am part time (14ish hours/week) at Company A. My job title is webmaster, I just redesigned the site cause the old site was bad.. realy bad. I am also incharge of SEO, and currently looking into posibl going with a online store, and mass e-mailings. I also do a little print work and graphic design for adds. I do have some acsess to information whitch is considered sensitive(like furture products and negotiations whitch are being developed.) I try to do free-lance design on the side frommy home--this is what the competitors site would be. When Hired at Company A he new that I would work on other things also. (a competitor being one of the other things was never discussed)

The current job i have has a lot of headachs I make aboult $5.00 less then average webmaster positions pay and it's an hour drive(one way) 2 days a week. While I have an office the computer I have is a bit lacking..we can't seem to get it throught the bosses head that a 4 year old rebuilt server does not make a very good multimedia workstation and that not all ram is created equaly.

As for Company B. they are looking for a free-lance designee to work from home( they arn't even loacted in the same state.. they are in newyork and I am in Indiana) The position would just be to revamp there site giving it a "modern" look. They also have not yet set a budget and are open for discution)

one person i ask gave me an intresting similarity... if you work part time at Mcdonals you can still work parttime at the BurgerKing down the street.

buckworks

3:25 am on May 16, 2003 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Whatever you decide, be sure to get some professional help with proof-reading.

webwoman

3:56 am on May 16, 2003 (gmt 0)

10+ Year Member



Buckworks...LOL!

You could also make the comparison - does a printer refuse work from two companies in the same business?

But, since you are so part time, and your boss doesn't seem to have any holds on you as far as the rest of your time is concerned, I wouldn't even bother to ask him. It's really none of his business. Just make sure you don't discuss anything you shouldn't...with either business owner :)

le_gber

7:10 am on May 16, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I'm with webwoman on this, if you're part time don't even bother, just make sure not to let them know you're working for the other company.

Good Re-vamping :)

Lro

webwoman

5:30 pm on May 16, 2003 (gmt 0)

10+ Year Member



le-gber

"making sure" not to let Company A know she is web designing for Company B implies she is doing something wrong. I wouldn't let Company A know, because it has nothing to do with Company A. If Company B talks to Company A and mentions it, she still has nothing to hide, and nothing to feel guilty about. She is a part time employee, making less than the standard and her hours were just cut! Why should she feel even remotely guilty or beholden to Company A?

miles

5:44 pm on May 16, 2003 (gmt 0)

10+ Year Member



You have to ask your self a few questions.

1. Did you sign a no compete contract?
2. Are you endangering your current job?
3. Can you do the job?
4. Could you, through doing this job get more jobs as a webmaster.

If you are working part time your bills are not. You have to take care of the bills and if a family take care of them too. If I was in your shoes and I answered, to the questions above, no, no, no, and yes I would take the redesign job for the other company.

"Could I moraly and Legaly take this project on as a free-lance job?"

This is a question you have to decide for yourself with the questions that have been asked in my post as well as the others. You are all growed up and know weither or not you can do it. If your conscince is saying no then dont take it. On the other hand if your conscience says yes do it. Either way you do have an obligation to your current boss.

mil2k

3:07 pm on May 17, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



approach your employer and ask them what they think about it

That's the last thing i would ever do. If you need the money go for it. Just be careful.

jbinbpt

4:50 pm on May 17, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Any employer who only wants to give you 14 hours a week, is giving you the green light to fill your other hours as you see fit. So go for it.
All employers have the expectation that you are keeping current. The best place to do that is by reading Webmaster World. You can easily spend at 14 hours a week here.

webconnoisseur

10:49 pm on May 19, 2003 (gmt 0)

10+ Year Member



Don't do it! Since you are performing more than just design work for your p/t employer, it wouldn't be ethical to do any work for a competitor. You are putting your reputation at risk and yourself in possible legal trouble.

What you should do is find how much the competitor would be willing to pay and how many hours they would supply you with and then decide either: 1) If you would like to switch to working for the competitor only or 2) If you would prefer to stick with your current company (probably more stable).

In today's economy, I don't know if you should be expecting a raise after 90 days. However, it would be a good idea to let your current company know that a competitor is soliciting you for help even if you are not considering it because it shows your company just how valuable you are.

After finishing a client's site, web design firms often seek competitors to solicit for new business, but an employee of a company should never work on competitor's sites unless they quit. This is why it is often good to hire someone as an employee rather than hiring a design firm, especially when hiring people for SEO - it is better to keep your online success a secret, rather than letting an outside firm be successful with you and then help your competitors become even more successful.

HughMungus

5:08 pm on May 23, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Tough question. You sound like me -- more concerned with the moral implications than the legal ones. The legal implications are often meaningless, though -- in many states, an employer can fire you "at will" meaning that they can fire you without even giving you a reason or giving you a reason you think is flimsy. So it's not like you're giving them a reason other than a moral reason.

On one hand, you have loyalty. On the other you have your own self-interest. Like my father said to me when I was lamenting having to quit one job to take another and feeling bad for my current employer, "If the company needed to lay you off for their own self-interest, I doubt they would be too concerned about it, so why should you be?"

But this is a direct competitor you're talking about which complicates the situation.

I think if I were you that I wouldn't do the work myself (in order to preserve both my job and my moral focus) but I would very readily refer the work to someone I know (maybe you could get a finder's fee from the person to whom you're referring the work?). Networking like that can pay off, bigtime (your friend might refer other people to you when they have work that they can't/won't handle themselves).

Just my opinion. Hope it helps.

HughMungus

5:11 pm on May 23, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



"That's the last thing i would ever do. If you need the money go for it. Just be careful. "

Yeah, I'd have to agree with this. No matter how you word it, your employer will not like that you're even considering it. That's the funny thing about some employers -- they act like employees acting in their own self-interest are somehow "disloyal" (like when you leave them to go work somewhere else, they seem to forget everything you've done for them in the past). Refer it.

webwoman

5:26 pm on May 23, 2003 (gmt 0)

10+ Year Member



HughMungus - I have a question for you. Can you explain to me in real tangible examples, how the *design* of a website for 2 companies in the same field hurts, shows disloyalty, causes loss of income, or causes any other actual disadvantage to either company? It's a *design*. It's not seo where they are both vying for top positioning, it's not negotiating financial contracts where one gets more money, it's not legal advice where one could be advised badly...IT'S A DESIGN! They can both have nice designs. Both their sites can look attractive. Both their sites can encourage visitors to buy. There are whole design firms out there who specialize in only legal websites - or only insurance sites. Do you really think they only design for one site per state?

It's just a design...

WebMistress Siggy

1:13 am on May 24, 2003 (gmt 0)

10+ Year Member



Well Starting today I think the rules just changed. This afternoon one of the developers and I just developed a product for the company I work for. So Since I now seem to be thown into product development I think the conflict of intresed just went up. I think i would pass this on to a friend but unfortunatly i don't have any web designers as friends.

TGecho

7:27 pm on May 25, 2003 (gmt 0)

10+ Year Member



Well, my first instinct would be to refer. Though the fact that you don't have any other designer friends could complicate things.

Well, I have a similar but slightly different question. I'm a high-school student about to start interning at a local hosting/design company. Since it will be a part-time/unpaid position, I want to get a little money freelancing. What do you think?

dingman

8:09 pm on May 27, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



in many states, an employer can fire you "at will"

Unless I am mistaken, Indiana is such a state.

fathom

7:11 am on Jun 3, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I'm a little late to this thread webwoman but my take is...

Go for it... and discuss this with your employer. Negotiate a link exchange with both owners (a web alliances - if you will) as two sites can grow faster and farther than either one alone.

Also note: "not linking" to a competitor doesn't stop visitors from comparing your employer's product/service to the other site and if you make this easier for them (the visitor) your conversions will also improve (at both sites).

Get them to look at this as > "why would direct competitors ever want to be listed in the same directory (such as DMOZ) or even be in a search engine (such as google) (or catalog, paper, TV, Radio, etc.)where the user/visitor and potential customers has direct access to go elsewhere rather than you... EXPOSURE!

People compare, no one has 100% market share and no one appeals to all therefore the more touch-points you "each" have "together" the better both will do.

Also note: the cross-theme is a perfect one.