Re: Home ideas for a project are mine or my employers ?

From: L. Fiar (__at__._)
Date: 06/12/04 

Date: Sat, 12 Jun 2004 20:02:00 +0100

"Kevin Aylward" <kevin.aylwardEXTRACT@anasoft.co.uk> wrote in message
news:ginvc.10702$B63.597@doctor.cableinet.net...
>
> Ignoring the fact that one may well be paid and contracted only for work
> done at specific times,

I have known companies that employ some main people as "staff", giving them
an annual pay regardless of hours. I have seen this applied to the R&D
tech job. If called in to work a Bank Holiday, the tech gets nothing
extra for it as they are not paid hourly.
In that situation, an employer may be more likely to argue that any
design work you do at any time of day is for them.

I have heard of a similar situation within the music industry, where a
company tried to claim that a song was their property as it was written
while the person was under their contract. Time of day or day of the
week never came into it.
As I remember, the reply was that it was written by the brother, who
was under no such contract at the time.

Another trick I have seen used, is where someone leaves an employer and sets
up their own business a few miles down the road, and the ex-employer has
them shut down.
On the other hand, I have known a service manager to leave and set up his
own company, taking the main workers and a customer list with him. He then
wrote to the customers to take them from his ex-employer.
As far as I know, they managed to get away with it... but the other company
were clearly in turmoil for a while, with so many key staff leaving
together.

Too much depends upon the contract, what may be included in it, and how much
of it can be legally enforced. The OP really needs to get a qualified lawyer
to look over such details, if it is worth enough to him to be paying out
such costs.

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