This article is a direct response to Andy Rutledge’s article “A Sense of Non-Commitment,” if you have not seen the article I would suggest that you give it a read. The article is well written and though out as is typical of Andy. I have however been freelancing on the side for some time now, so naturally this article peaked my interest. I however have never considered it to be a conflict of interest with my employer and have even discussed the subject with them before. Andy brings up a number of points in his article that I agree with, however I believe that there are some items that he may have missed that also effect such a complex ethical situation.
The one and only area where I do not agree is where Andy states “perhaps things at your real job might get so backed up that you have to leave my project languishing while you take care of your real work.” Now I believe that this is a valid concern of a client you may take on for freelance work, however you should be upfront about your main job, and the fact that you are completing the project in your spare time. If they have a problem with this, then they most likely will not use your services, which at that point you could suggest the services of your full-time employer.
That said, here are some tips that I have compiled to help you remain professional and still utilize your entrepreneurial spirit.
Discuss your freelancing upfront with your employer. This is probably the most first and most important thing you can do. You should discuss what both parties feel would be acceptable behavior and what exactly you should not do. This will assure that you do not anger your employer and keep you from having an awkward conversation when they find out you have been freelancing.
Find work outside your employer’s niche. By finding and working for clients that are outside of your employer’s niche you avoid the possibility of being accused of competing for business. Similarly a project’s scope size may be outside what your employer normally accepts. In the past I have even had an employer refer a potential client to me because they felt the project was too small for the agency and we were too busy at the time.
Avoid marketing yourself like you freelance fulltime. Marketing yourself in this manner can upset your employer because of the mixed message you are sending and the potential conflict of interests. Additionally, you will avoid upsetting your clients when you are unable to meet a short-term demand because you are busy at your regular job.
Refer Work to your Employer. It may be hard to pass up on extra income while being approached with a new project, however there are times when you should refer a project to your employer. You need to remember that you are also an employee and work that falls in line with what your company does should most likely be referred in order to remain professional. Here is an excerpt from Andy’s Article that better explains the situation:
By the same token, think about what sort of impression this behavior leaves on the agency that employs these sorts of individuals. For instance, imagine that you need some repair work done on your car. You find a mechanic shop, but learn that most of the mechanics on staff run their own personal mechanics shops on the side, too. Does this make the shop seem more professional? No, it makes the shop seem fly-by-night; like it might fold any day when the staff members decide to bail in favor of their “real” interest.
Never do outside work for your employer’s clients. This one should go without saying, however some designers do not follow the rule. No matter what type of offers the client may make you, if you value your job you should not take it. If you find yourself in this position, you may also want to describe it to your employer before you are accused of attempting to take work from the agency’s clients.
Ultimately it comes down to ethics
Each situation has an untold amount of factors relating to it that can not be accounted for in this article however I have found these tips to hold true in most situations. Ethical decisions are some of the toughest to make, especially they relate to a widespread practice such as freelancing. Ultimately any situation that you may feel puts your job in jeopardy should be avoided. Any way you look at it, remaining professional and freelancing is not easy but it can be done.
Why horde you thoughts, be friendly and share. If you have any other tips please tell us in the comments below.
April 3rd, 2008 at 11:50 am
I started freelancing when I was in college as a way to gain experience outside of the classroom and it was one of the factors that landed me my first job.
Since then I have continued to do side work and I use all of the points you make. I don’t market myself or my side work, I get it by referral. I always refer work to my employer when the project is outside my comfort level for whatever reason - scope, abilities, or other.
Some times it has cost me side work, but most of the time I have found that client’s are ok with the fact that I have a full time job. Most of my clients already have a full time agency that just can’t get to their project in an acceptable timeframe.
If I can step in and deliver a quality product for a reasonable price and it makes the client happy then what’s the problem?
I think Andy is trying to draw conclusions that just aren’t there for most clients and most freelancers.
April 3rd, 2008 at 6:31 pm
Chris, I agree however I think Andy has done a great job of making us question this practice. There are so many things in life we take for granted and never question, he has made us think and that is a talent.