freelance protection
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I recently moved over to a new company about 6 months ago, but now I've got my previous employer contacting me to do some freelance work after hours to patch a few things and add some new features to the existing system. Here's the but; but I'm concerned with protecting myself against any sort of liability or longer term support (after all there is a reason I left). since the previous work was building control systems for industrial equipment, there's a lot of liability real quick if something went wrong, and now that I'm no longer employed by them I'm worried if something did go wrong, I would get it in the end. Do I want to do it? No. But I've got some guilt on leaving them without another programmer to pick up the load. So any suggestions on how to protect myself? or should I just pass and leave them hanging?:confused:
First, you already left them. So if they are hanging, it is not your fault. Second, when being asked back to consult, they are asking to use your most valuable time... Your free time... Weekends. I look at it this way. If you made $80K/yr ($40/hr) before you left, then as a consultant, you have to start at TRIPLE that ($120/hr). Next, if they want you after you are already working full-time, DOUBLE THAT rate, getting you to $240/hr. Next, if they are the shady type, you make them buy your time, in 10hr chunks, in advance. Finally, they pick up the cost of the lawyer, up front that will indemnify you and make sure the company will take full responsibility with the ownership of the code. So, in writing you put those points. Simply put, I am not interested in doing this unless you are willing to pay $250/hr, up front in 10hr increments, and pay the expenses involved in me getting a lawyer to write up a contract that indemnifies me against any damages. At this point, you are "real estate". You have a specific location in the knowledge of the environment that makes you like a Michael Jordan. You can pick up the ball and move it down the court with ease... You charge "RENT" for that kind of knowledge/ability... And frankly, depending on the size of the company, I wouldn't be against asking for $500/hr... Why? Because then it becomes them saying no. One of the things I learned (much too late in life), is that if you don't ask, you wont get. When I learned this... I found 1 in 10 will literally take the offer. And if they say NO THANKS... Then there is nothing to feel guilty about! Now, if they agree, you have to really be ready to do that work for that amount of money... So keep increasing it, until you will GLADLY do the work!
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I recently moved over to a new company about 6 months ago, but now I've got my previous employer contacting me to do some freelance work after hours to patch a few things and add some new features to the existing system. Here's the but; but I'm concerned with protecting myself against any sort of liability or longer term support (after all there is a reason I left). since the previous work was building control systems for industrial equipment, there's a lot of liability real quick if something went wrong, and now that I'm no longer employed by them I'm worried if something did go wrong, I would get it in the end. Do I want to do it? No. But I've got some guilt on leaving them without another programmer to pick up the load. So any suggestions on how to protect myself? or should I just pass and leave them hanging?:confused:
Matt McGuire wrote:
But I've got some guilt on leaving them without another programmer to pick up the load.
That's the problem. You should have no guilt about moving along. It's nice that you want to help out, but you have no obligation. If you don't want to do it, say so and wish them luck in their endeavors. Maybe it's smarter of you to have them find another developer, then take on a contract to help bring that person up to speed. Be a mentor to the new person, but don't actually do any of the development. So your knowledge gets passed along, but you shouldn't have any liability for the actual code.
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If there is significant liability in your industry, the only way you can get any protection at all is via a contract that clearly shifts the liability to your former employer. You can probably find a boiler-plater contract out there, but personally, I wouldn't be comfortable using one without a lawyer. I'd nicely explain your desire to help, but that you can't because you're worried about liability. That answer probably won't be well-received, especially if your employer is desperate, but that's about the best you can do. Sounds like a tough situation, best of luck. Now, if they're willing to pay enough to cover your legal costs, that might be a whole different thing. I'd bet heavily that won't be the case :)
Good contracts, good liability insurance, and a damn good lawyer.
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I recently moved over to a new company about 6 months ago, but now I've got my previous employer contacting me to do some freelance work after hours to patch a few things and add some new features to the existing system. Here's the but; but I'm concerned with protecting myself against any sort of liability or longer term support (after all there is a reason I left). since the previous work was building control systems for industrial equipment, there's a lot of liability real quick if something went wrong, and now that I'm no longer employed by them I'm worried if something did go wrong, I would get it in the end. Do I want to do it? No. But I've got some guilt on leaving them without another programmer to pick up the load. So any suggestions on how to protect myself? or should I just pass and leave them hanging?:confused:
That's what "service contracts" are for. And you can put anything in the contract that you want; as long as both parties sign and are of age and sane. Some institutions require $5,000,000 in liability insurance. And never promise it will be "bug free" (even if you believe it). Set limits on response times, response windows, client responsibilities (testing!!!!), etc. (And say you will work WITH them; not FOR them ...). AND ... add that agreement can be ended at any time, by either party, for no particular reason.
"(I) am amazed to see myself here rather than there ... now rather than then". ― Blaise Pascal
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I know how they pay, It's not likely to cover anywhere near the costs of a lawyer. thanks for the advice.
About the pay, even without liability concerns, I would expect at least double what your salary would work out to based on 2080 hours a year. When I left an employer, they retained me for side work for four months to complete some changes they wanted and do some support for two big pushes. They paid me a little less then they would have paid a consulting agency which would have worked out more than double what I had been getting. If you would consider doing it ask them to provide a contract limiting your liability. Ensure the rate is enough to cover having a lawyer working for you review the contract. Heck, you could even make a condition be that they reimburse you for that expense. YOU are in the driver's seat.
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thanks for the advice. the company, and the industry in general have a bad way of pointing fingers if something happens months or years down the road. one of the main reasons for leaving after 18 years, just couldn't take it anymore.