Home ideas for a project are mine or my employers ?

[Rodo]

Hi all,

I'm just curious here. I'm at home and I'm still thinking how I should
implement a design at work. So, I send myself an email to remember when I
get there on Monday.

If I were to leave the company and use the idea in a new company or my own
stuff. Am I liable for using the same idea/design ? even though I came up
with it at home ?

Thanks

 

[Terry Given]

"Rodo" <dsp1024@yahoo.com> wrote in message
news:faUuc.25015$g15.5286@nwrddc02.gnilink.net...

Hi all,

I'm just curious here. I'm at home and I'm still thinking how I should
implement a design at work. So, I send myself an email to remember when I
get there on Monday.

If I were to leave the company and use the idea in a new company or my own
stuff. Am I liable for using the same idea/design ? even though I came up
with it at home ?

Thanks

impossible to answer this question - it depends entirely on the IP
provisions of your employment agreement. I have seen IP clauses which state
that EVERYTHING you ever think of, from the day you are hired until the day
you quit, belongs to the company - somebody tried to get me to sign one like
that once, which I refused. Some even say anything you EVER do (ie
forevermore) is theirs....my current IP clause is: anything directly
relating to the companies core business (which is specified) is theirs,
until I leave the company. As is anything done at work.

Cheers
Terry

 

[Kevin Aylward]

Terry Given wrote:

"Rodo" <dsp1024@yahoo.com> wrote in message
news:faUuc.25015$g15.5286@nwrddc02.gnilink.net...
Hi all,

I'm just curious here. I'm at home and I'm still thinking how I
should implement a design at work. So, I send myself an email to
remember when I get there on Monday.

If I were to leave the company and use the idea in a new company or
my own stuff. Am I liable for using the same idea/design ? even
though I came up with it at home ?

Thanks


impossible to answer this question - it depends entirely on the IP
provisions of your employment agreement.

Not so. It also depends on the *law*, although, I agree that in general,
it is impossible to answer the question as insufficient data has been
provided.

I have seen IP clauses which
state that EVERYTHING you ever think of, from the day you are hired
until the day you quit, belongs to the company - somebody tried to
get me to sign one like that once, which I refused.

Many clauses are not enforceable. Just because a contract says
something, it doesn't mean that this is the case. For example, in the
UK, we have an unfair contracts law that allows unreasonable clauses to
be struck out. In CA, there is a special law preventing companies
claiming everything done in your spare time.

Some even say
anything you EVER do (ie forevermore) is theirs....

This is obviously restraint of trade, which in many/most jurisdictions
is invalid.

my current IP
clause is: anything directly relating to the companies core business
(which is specified) is theirs, until I leave the company. As is
anything done at work.

Note, that if you were not informed of certain clauses prior to agreeing
to work for the company the are usually invalid. After the fact, the
threat of sign this or be fired usualy nullifies the clause.

There seems to be this daft idea that someone can put anything they like
into a contract, and have it stand up in court. I only need to remind on
e of a contract you might sign to resolve someone of the responsibility
of blowing your brains away.

Kevin Aylward
salesEXTRACT@anasoft.co.uk
http://www.anasoft.co.uk
SuperSpice, a very affordable Mixed-Mode
Windows Simulator with Schematic Capture,
Waveform Display, FFT's and Filter Design.

 

[Terry Given]

"Kevin Aylward" <kevin.aylwardEXTRACT@anasoft.co.uk> wrote in message
news:kGVuc.43402$FV7.5552@doctor.cableinet.net...

Terry Given wrote:
"Rodo" <dsp1024@yahoo.com> wrote in message
news:faUuc.25015$g15.5286@nwrddc02.gnilink.net...
Hi all,

I'm just curious here. I'm at home and I'm still thinking how I
should implement a design at work. So, I send myself an email to
remember when I get there on Monday.

If I were to leave the company and use the idea in a new company or
my own stuff. Am I liable for using the same idea/design ? even
though I came up with it at home ?

Thanks


impossible to answer this question - it depends entirely on the IP
provisions of your employment agreement.

Not so. It also depends on the *law*, although, I agree that in general,
it is impossible to answer the question as insufficient data has been
provided.

oops, my mistake. Kevin is dead right. Then the contract...

I have seen IP clauses which
state that EVERYTHING you ever think of, from the day you are hired
until the day you quit, belongs to the company - somebody tried to
get me to sign one like that once, which I refused.

Many clauses are not enforceable. Just because a contract says
something, it doesn't mean that this is the case. For example, in the
UK, we have an unfair contracts law that allows unreasonable clauses to
be struck out. In CA, there is a special law preventing companies
claiming everything done in your spare time.

lots of legal documents are wrong. normal distributions abound....human
error or KA's randomness, its all the same thing.

Some even say
anything you EVER do (ie forevermore) is theirs....

This is obviously restraint of trade, which in many/most jurisdictions
is invalid.

yup. But it doesnt stop them putting it in there, and if one is silly enough
to believe it (and sign it), then one will get no more than one deserves.
Not surprisingly, many people are indeed stupid enough to get shafted by
bogus "law."

Every employment contract I have signed has originally contained obvious
mistakes or errors in law, which I have had corrected. Several employers
tried the "oh, but it doesnt matter, just sign it anyway" but in fact it
does. If the contract says one thing and they (or I do) another, then worst
case it will end up in front of a judge, at which point I will have to spend
money, even if I am right.

my current IP
clause is: anything directly relating to the companies core business
(which is specified) is theirs, until I leave the company. As is
anything done at work.



Note, that if you were not informed of certain clauses prior to agreeing
to work for the company the are usually invalid. After the fact, the
threat of sign this or be fired usualy nullifies the clause.

yep. IIRC one cannot enter into a contract unawares

NZ has IMO quite good employment law, requiring all employees to have
contracts clearly specifying all relevant legal requirements.

There seems to be this daft idea that someone can put anything they like
into a contract, and have it stand up in court. I only need to remind on
e of a contract you might sign to resolve someone of the responsibility
of blowing your brains away.

Kevin Aylward

excellent example.

Cheers
Terry