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AromaKat

Employer requiring a "no freelance" contract??

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I went into an interview for a full time position at a big name company and they stated that any freelance work done outside of the company was forbidden. I think that its to make sure I am focused on my work there, but no real explanation was provided. Is this of the norm?? Freelance has been a fairly large portion of my income and this was brought up after I had already submitted my current rate for my current full time position. As many of you can relate, I am not really accustomed to Human Resources and my potential division being so spread apart. What do I do now to make sure that I am compensated for losing my freelance work?

Edited by AromaKat

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I went into an interview for a full time position at a big name company and they stated that any freelance work done outside of the company was forbidden. I think that its to make sure I am focused on my work there, but no real explanation was provided. Is this of the norm?? Freelance has been a fairly large portion of my income and this was brought up after I had already submitted my current rate for my current full time position. As many of you can relate, I am not really accustomed to Human Resources and my potential division being so spread apart. What do I do now to make sure that I am compensated for losing my freelance work?

 

 

Calculate how much you would be loosing and factor that into your salary.. When negotiating, explain that to them since they are cutting a main source of income and that you require to make $XYZ. If they cannot and their budget is for $ABC, then explain that you will be able to function and do your job, but that you cant live w/o making XYZ and you will have to still have this "2nd job"..

 

JMO

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I have been always been working for small studios and freelancing, and have never gone through this type of process before. Since there was no salary negotiation at the interview, should I assume that there will be some type of sit down negotiation about salary? (if I even get the job, that is). Would it seem to them as if I am suddenly changing my salary expectations on them? I am also worried that I will be trying to explain this to some HR person over the phone since the HR department is in NY. Maybe I am just over-reacting - I just don't want to screw myself in the long run over it sounding like my dream job. Plus I have never been in this type of work environment before and am clueless to what the standard procedure is.

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I have been always been working for small studios and freelancing, and have never gone through this type of process before. Since there was no salary negotiation at the interview, should I assume that there will be some type of sit down negotiation about salary? (if I even get the job, that is). Would it seem to them as if I am suddenly changing my salary expectations on them? I am also worried that I will be trying to explain this to some HR person over the phone since the HR department is in NY. Maybe I am just over-reacting - I just don't want to screw myself in the long run over it sounding like my dream job. Plus I have never been in this type of work environment before and am clueless to what the standard procedure is.

 

Normally there is a negotiation period which is to discuss your compensation.. See if they offer 401k and whats their matching percentage + when are you vested.. are you married and have kids? See if they offer health insurance.. What other benefits do they offer?.. Remember that your salary needs to cover your expenses + have a little "spending/saving" money....

 

dont let them lower your salary drastically in lieu of benefits unless you can survive with whatever you negotiate...

 

Key things that have kept me "doing good" with negotiations are:

 

1st person to blurt a number is "the looser"...

 

ex: Company has a budget of 70-80k for the position. They dont tell you this and ask you what you made before.. You made 45k... They'll offer 50k 'cause its more than what you were making and you would most likely say yes since its a salary increase for you and they just saved the company a nice chunk of money.. Well this is how it would/should go down..

 

HR: Hello mr smith, what were you making at your last position and what is your salary requirements?

you: Well I was compensated well based on the job functions and responsibility.. What is the salary range for the position that you are offering?

 

now the ball is in HR's court to spit out a number.. if they are playing hardball 'cause they know this process, they'll pass up giving a number and at some point you'll just have to spit out a number.. BUT! that is not always the case.. What you are hoping for is HR to say:

 

hr: Well we are looking to hire for this position with a salary range of 70-80k

 

in which you would reply..

 

you: hmmmm... ok... thats within my range.. I was looking at about 77k.... (which is in their range, but they want to "win" in this negotiation process so you shoot for the topmost so they can negotiate you down... which is ok right? :) )

 

hr: Well we offer 401k with 5% matching, 100% covered health/dental/vision, 2weeks paid vacation, 2 personal days, 4 sickdays, blah lbha blah....Would you be willing to accept 75?

 

you: sure.. that sounds good since the benefits seem pretty good...

 

now thats the ideal scenario... you'd have to play it by ear based on your situation and whatnot.... Just giving you what i've done and it has been very effective...

 

ok i'd type some more but i need to go walking with the mrs 'n kids so i'll be back.. :D

 

*not proofreading.. hope it all makes sense..

Edited by Kastro

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Guest Sao_Bento

I wouldn't count on a separate salary negotiation period. If you have a problem with the money, bring it up early on. You're dealing with business people who see the money as the only thing that matters - they'll understand if you bring it up.

I've just gone through this process myself. I spent a good 5+ weeks negotiating the deal (deal=money). Part of my deal includes the restrictions on freelance work or anything that could be considered competitive to their business. I considered all the angles and made a decision. If you're relying on that extra freelance work to survive from day to day, you need to either re-negotiate the pay, or skip the job.

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i could see them not wanting you to freelance for the shop right down the street (as many of them are in la). i would think that might constitute a conflict of interest. however, if your freelance clients aren't in direct competition with this potential employer, or are in a different market, or some other such scenario in which their business won't be affected, then it really shouldn't be a problem. and as far them wanting you to make sure you stay focused on the work there, they should let you worry about that. you're an adult, and if you're unable to balance the two, thats your mistake, and you'll have to deal with the consequences. they shouldn't be dictating what you can and can't do on your own time. they don't own you, they don't own your talents. your personal time outside the studio is your personal time. obviously if your work starts to suffer, then theres a problem, but it should be dealt with then and only then, because at that point its no different from any other problem that affects your ability to perform at your job.

Edited by thomwill

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At the initial interview, they asked me "what about money"? I asked them if they meant what I make now or my salary requirements? They asked what I make now, and I was forced to tell the under-payed truth because they do this whole background check, including what I claimed on my last W-2 apparently. (Thats what it said in the fine print of the application background check disclosure). I noticed that he wrote down a number only 5k more. Also, I am currently hourly, and that would be the number at 40 hours / week - which is much fewer hours than the new place - and they are salary. I have always been told to NEVER EVER talk money on the initial interview, so I did not bring up any of this and just answered the questions they asked, which is why I am starting to feel like I just shot myself in the foot. However, the interviewer was not HR. I guess only time will tell at this point.

 

Thanks everyone for your responses on this. I will be implementing all of your advice in round 2 if it ever (hopefully) comes about.

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i think California is a "Right to Work State". They have no say on if you can or can't do freelance work. And you don't have to answer "what are you making now question" just tell them what you want for a salary. Just look around on the web about the right to work stuff. I've also never work anywhere around LA at had a no freelance clause, so i've never looked into it.

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these people seem to be pretty cold-hard-business. Have you scoped the general culture of the company enough to be sure you want to be there? It may be great, and this may just be standard operating procedure, but make sure you know how you'll be treated once you sign on the dotted line.

 

In my freelance arrangement when I was staff I agreed to stay away from any directly competitive freelance (big projects, network redesigns, etc), but didn't write off freelance all together. Generally when you go salary at a big place they'll work you pretty good, and you may not even want to work in the evenings and weekends after you are done with your day job.

 

-sf

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Generally when you go salary at a big place they'll work you pretty good, and you may not even want to work in the evenings and weekends after you are done with your day job.

 

but you should be able to make that choice on you own, not have it dictated to you.

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Hey. Most of the places I've worked didn't want their people doing freelance work either. I took that into account when I negotiated my salary/benefits.

 

The thing I learned after many years was this: I had as much power as they did.

 

It doesn't seem true in the interview process but it is. Your job is to get as much as you can, theirs is to spend as little. Neither is evil. The trick is finding middle ground both parties are satisfied with. You can always walk away, so can they. Go in high, negotiate down. Know ahead of time your limits and stick to them.

 

The other thing I learned (and this is important), what you made before is NONE OF THEIR BUSINESS. The ONLY thing that is their business is what you require now.

 

But don't sweat the freelance thing. It's not unusual. That in itself doesn't make them pricks. But don't forget to take that lost income into consideration. Then they have a choice to make, and you may need to decide what's more important: A staff gig without freelance, or a freelance life.

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, what you made before is NONE OF THEIR BUSINESS. The ONLY thing that is their business is what you require now.

 

whats the best way to phrase that fact?

 

yeah FT jobs often have weird vibes about outside paid work, though they love seeing cool personal projects - so a person just has to fly under the radar

 

would a contract like we're talking about open a person up for being sued for freelancing outside of the job?

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of course the easiest answer is to just not work there if its that big a concern, or if they can't come up with the cash to make up for it. there are tons of places where it doesn't matter as long as you get your day to day done. i've only ever worked one place that had a no-freelance policy. i didn't really like it, but i agreed to it so there wasn't anything i could do about it.

Edited by thomwill

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whats the best way to phrase that fact?

 

yeah FT jobs often have weird vibes about outside paid work, though they love seeing cool personal projects - so a person just has to fly under the radar

 

would a contract like we're talking about open a person up for being sued for freelancing outside of the job?

 

I'm not an attorney, but I don't think you'd be sued. Unless the employer lost an account/client over it. But you would probably be fired.

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