Hi Paul,

Very difficult to say anything very meaningful without the context of more
details.

However, it sounds like your boss is an understanding guy (you are in open
discussion with him about what you want to do, and he is happy for you to go
experiment and keep the position open for you, sounds to me like he values
you).

It also appears you might be in a position to take a risk - but
not necessarily "jump in the deep end" (although that is needed by most, it
might(?) not be needed by you?).

Is consulting on a retainer to your current company an option? Perhaps do a
long term retainer model with them and work with them 2-3 days a week
dedicated, and work the other 2-3 days a week on your startup. That way,
your bills are probably getting paid, and you have the time to work on
something else.

Also, if the product you are building is complimentary to what you current
company does (in many cases it is, i mean, how many people focusing on CMS
systems then go on to build Atom Splitters :), then in the longer term,
there might be some synergies that can be explored quite openly there as
well.

I know what [most?] will probably say about lawyers, but in 99% of cases, to
me, lawyers are a sham! It's a total waste of money, people spend more time
protecting themselves than building (and of course, their funds go to the
lawyers at rates like $7k/day! yes, i too have paid stupid fees like that
for totally obvious advice!), and using their funds wisely for their
venture. (Not saying with certainty don't use a lawyer, but think about
whether you really need one, a simple one pager that you and your boss draft
that covers the spirit usually works).

Besides, if you go consulting (/ on a retainer), you will do a new contract
with your current employer, and as a consultant your duties and
responsibilities will be different and as long as you don't complete with
them directly (which would be unethical anyway), it will be safer for you.

simran.


On Mon, Oct 24, 2011 at 7:23 PM, pa2009 <[email protected]> wrote:

> I am a founder of a software company that has been around for over 10
> years and have come to the stage where I am pretty burnt out and am
> looking at a new opportunity .. I have spent pretty much my whole
> working life at my company and am not sure whether I really want to
> move on or I should just do something else and re-evaluate in 6
> months.
>
> The company is now quite large and is public (unlisted) .. but I have
> never made any money from the business other than my salary so I can't
> really afford to just walk away right now with a family .. plus I
> would lose considerable options.
>
> So ... I am considering taking 6 months to work on a new opportunity
> but will have my position (CTO) kept open for a period.  My employment
> contract has the usual clauses about projects I work on outside work
> and there is a very slight potential overlap with one project we are
> working on.
>
> I have spoken to the CEO and we have agreed in principle to doing
> something like this .. and I need to put together a document to cover
> my interest in the new venture. I also already have a domain name in
> my own name to be used for the project.
>
> Does anyone have any advice on such a situation or has anyone done
> something similar?  Also, can anyone recommend a good lawyer with
> startup\software knowledge that could help me out? Preferably in
> Brisbane but not a problem if not.
>
> Can a good legal document cover me in this case or am I better to
> leave the company for peace of mind for the future?
>
> Thanks for any advice.
> Peter.
>
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