Conflict or interest or competing?

12 replies
I work for a small business as the guy who does marketing and website management. I make okay money but I need to make more. I actually made $4000 less in 2019 than I did in 2018 at this company for a few reasons. I expect to make $2000 less or so in 2020 than I did in 2018.

Basically the money has went the wrong way even though my skills have vastly improved.

Through all of this I still wish to stay here and make this job work for me.

I signed a non compete agreement when I started here to not sell now or in the future the same product group we offer for up to 3 years after I leave. I have no plans to sell a competing product.

I had an idea to make a website of my own and promote our products and use the Amazon affiliate program. I could review the products from a personal perspective and send people to Amazon for a small commission of likely 4%.

I would ONLY promote our products. I believe we have the best products in our industry. I could offer a perspective not coming from a cooperate view that might could help customers make a choice.

I am on the fence on this one. I have insider knowledge of keywords we use and data that could help me sell the product. I use this information for my job here as well but the only difference is I would be coming to the customers in a different perspective with my own website.

Is it wrong to use my knowledge to promote the business in a different way and make money on the side?
#competing #conflict #interest
  • Profile picture of the author Frank Donovan
    From what you're saying, you're being paid to market and manage your company's website, in which case opening your own separate site promoting the same products would definitely be a conflict of interest.

    You could try getting the company's permission first, but if it were my company, I wouldn't allow it.
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  • Profile picture of the author DABK
    I agree with Frank.


    And wonder why not promote something else?


    If you're getting them buyers, you ought to be able to get yourself buyers, no matter what the product. No?
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  • Profile picture of the author cowsgonemadd3
    I wanted to do it with a product I am very familiar with as a proof of concept. I could learn what does and does not work a bit easier if I know it already converts with my other marketing efforts.



    I have just always felt this is a bit shady to do with my knowledge of the inside. I believe if I left the company it would not be competing and would be okay but for now its best I hold off.



    I have made quite a few websites over the years. If I go forward with this I will ask my employer for permission to promote his products for commission on top of my salary.
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    • Profile picture of the author DABK
      If you leave your company, you have to wait for 3 years...


      Originally Posted by cowsgonemadd3 View Post

      I wanted to do it with a product I am very familiar with as a proof of concept. I could learn what does and does not work a bit easier if I know it already converts with my other marketing efforts.



      I have just always felt this is a bit shady to do with my knowledge of the inside. I believe if I left the company it would not be competing and would be okay but for now its best I hold off.



      I have made quite a few websites over the years. If I go forward with this I will ask my employer for permission to promote his products for commission on top of my salary.
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  • Profile picture of the author shawnlebrun
    Why did you make less?

    Did this company's sales go down... and perhaps they attribute that
    to you?

    I'm not asking to be negative, I'm asking because the only way
    to make money, while staying in that job, is to become more valuable
    to them.

    And by more valuable, I mean you increase their sales and profits.

    Other than that, there's not much you can do to stay where
    you are, unless you're willing to work at being more valuable
    to them.

    And maybe this is a dumb question... but is it still an issue
    of "non compete" if you start the side hustle WHILE you
    still work there?

    Isn't that "win win"... as in you get to perhaps make that
    income BACK, through your side site... WHILE your company
    still earns money from the sales?
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  • Profile picture of the author savidge4
    I think a lot of this hinges on who exactly is selling your bosses products on Amazon... as in is the business you are working for selling on Amazon? OR is it 3rd parties?

    If it is your employer that is using Amazon for distribution.. I would say sell away... Within the "Rules" of Amazon, there is nothing wrong with this. I would suggest even within the realm of a no-compete clause ( would have to read yours specifically ) if you were to quit and continue to promote their product from a affiliate site.. THAT would be legal.

    Now if the product being sold on Amazon are from 3rd party sellers... I think things in direct relation to your employer MIGHT get complicated.. and I would request permission prior to starting. However, Me being a business owner and I had product on Amazon listed by 3rd parties I would be in favor of moving product at wholesale as well as retail.

    Which brings up a whole other topic... are the majority of your companies sales direct retail or is it wholesale? Either way ultimately it benefits the company to move product.

    I would force a hand here... I would walk into a meeting with the leverage of Employee retention in mind.. and The fact you are making less year over year, and this being an option to fill the gap and stay with the company - turns it into a bit of a win win all the way around.
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  • Profile picture of the author Dannyyoungwealth
    I think its OK to start something on the side I think its a win win, you get to focus on the company growth, and focus on How to increase your income
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  • Profile picture of the author cherrybowl
    You 100% need to start a side hustle and you need to do it now. Your days at the job are numbered for a variety of reasons.

    Just don't sell a product that competes directly with the one you're selling now.

    In what income scenario does it make sense, whether employee or owner, where you are losing money each year? They're either undervaluing you, or you're not providing enough value to them.

    Either way, you're going to end up getting let go, or leaving yourself because your income is reducing while inflation is increasing. However you go, you need to have an income waiting for you, and nows the time to start creating it. No one will do it for you.

    You do not want to wait until you are at zero and then decide to build your hustle. It will be very, very difficult then. You need to have a steady income and/or minimal to no expenses because you need to be able to focus.


    The one thing I'll say you should do at the same time is figure out why your income isn't growing with this current company, and find out what you can do to fix it ASAP. That's definitely a red flag somewhere that your salary isn't increasing, and a bigger flag that it's decreasing. Are you capable of doing your job correctly and with excellence? If you are good, but if you're not, you need to improve first before trying to go out on your own.

    If they're taking advantage of you, try to identify how the work you do has increased revenue for their company and use that to justify them increasing your pay.



    If compensation is tied to the contract you signed, it may void out the non compete also.
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  • Profile picture of the author agmccall
    Promote something else. You state that you manage this companies website, so you know how to set up your own. So do just that only promote non competing products or services. It really is that simple. I get that you have a non compete agreement and want to stay with the company, But I am sure they do not have products in every niche out there.

    So, keep doing what you are doing with this company that keeps paying you less every year and on the side start your own affiliate business that does not compete with them.

    al
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  • Profile picture of the author LazzMeUp
    Probably considered a conflict of interest but it all depends on your contract's clauses.
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    Niche and affiliate marketing expert, SEO expert, software developer.

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  • Profile picture of the author Philarmon
    In Europe, non-compete agreements are illegal in many countries (they basically limit your free will by telling you where you can or can't work) or are almost impossible to stand in a court. If you are in Europe, i'd check that with a lawyer.
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  • Profile picture of the author Kay King
    In my opinion, if you SIGN a non-compete you need to read it so you KNOW what it covers. If you agreed to it, keep your word - but that's just me.


    What would happen if the OP asked his employer if this 'promotional effort' is OK - if the answer is 'I would be fired' - might want to rethink it.
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