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Employer claims stealing

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RogerS

Junior Member
What is the name of your state? MO

I am a web designer who took a job without a contract. The client sent $500 after 2 weeks of work to "reinforce the relationship" as a down payment for the completed site. Two weeks later he asked for all the FTP logon information (the passwords to gain access to editing), claiming he wanted to make small changes himself. He told me to continue working, so I did. As I near completion, he tells me he does not need my services anymore due to the fact that he found someone else to do the job for less. I immediately took all of my work off the site. HE CLAIMS THE SITE BELONGS TO HIM AND THAT I AM STEALING, IS THIS CORRECT?
 


divgradcurl

Senior Member
RogerS said:
What is the name of your state? MO

I am a web designer who took a job without a contract. The client sent $500 after 2 weeks of work to "reinforce the relationship" as a down payment for the completed site. Two weeks later he asked for all the FTP logon information (the passwords to gain access to editing), claiming he wanted to make small changes himself. He told me to continue working, so I did. As I near completion, he tells me he does not need my services anymore due to the fact that he found someone else to do the job for less. I immediately took all of my work off the site. HE CLAIMS THE SITE BELONGS TO HIM AND THAT I AM STEALING, IS THIS CORRECT?
Without a contract to the contrary, this probably wouldn't be stealing -- but this could be a breach of contract. Without a contractual agreement to the contrary, the ownership (copyright) of a work done by a free-lancer or contracter remains with the free-lancer or contractor, while the entity paying for the work retains a license to use the work. Since you "own" the materials, you clearly aren't stealing, but you are interfering with their "use" of the materials under the implied license, which is a type of breach of contract.

Best bet -- sue them in small claims court for what they owe you on the contract, and give them back their website.
 

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