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Planning to start online business on the side. How to get around the clause "Exclusive Service" in the current employment contract

CanadianDreamer@TO

Hero Member
Jul 23, 2021
220
28
Hi,
I am employed full-time with a good compensation package however I am planning to start an online business selling digital products on ETSY. The point where I am stuck is that the employment contract with my employer has the following clause which I believe prevents me from earning on another job/business.

Exclusive Service Agreement

Your employment is full time, and you will have to devote your complete business working time, effort, attention and
ability to the affairs and requirements of the Company. During your period of employment with the Company,
you shall not be engaged or employed in any role in any other charitable, business, not-forprofit,
for profit or otherwise, without the prior written approval of the Company


I want to start an online business from a long-term perspective to have more free time, to work on my own hours and not be dependent on a single source of income. I do not want to disclose this intention to my company. I do not want to start the business in the name of my wife due to some personal issues, so this option is out of the way.

I have the following questions in this regard:

1. What will be best way to hide my online identity to prevent my full-time employer coming to know about my side-hustle.
2. If I want to move ahead with the side-hustle, should I work as Sole proprietorship or a Corporation? Will setting up as a corporation help in hiding my ownership from public records at first glance. Setting up and maintaining corporation is expensive hence I am looking to avoid it.
3. Let's say my employer comes to know about my side-hustle. What is the most that they can do in this situation? Other than possible firing or layoff, can they claim damages from me?
Please confirm.