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Work done while employed

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iamintn

Junior Member
What is the name of your state (only U.S. law)? TN

If this is in the wrong section, please move it where it's appropriate.

If something is developed, outside of your normal job function and on your own time (mostly), used at work while you work there, do you maintain ownership?

Briefly, I worked as an engineer. I have a computer background as well. While I was employed, I noticed some functions that could be automated and would benefit the entire group, as well as myself a great deal. I developed some software for multiple items that did just that. Most of this was on my own time. Some of the testing, debugging, etc was done at work during the course of the day and deployment.

I no longer work at this company (recently left). Do I own this work? I would like to have the original code (I stupidly put this on the company's server for back-up purposes) returned to me. Am I within my rights to make this request?

Thanks in advance for the advice!
 


JETX

Senior Member
I no longer work at this company (recently left). Do I own this work?
Most employers for 'creative positions', such as engineers, software developers, etc. include a 'we own product' clause in their employment agreement.

I would like to have the original code (I stupidly put this on the company's server for back-up purposes) returned to me. Am I within my rights to make this request?
Absolutely. You can request almost anything. Whether they have to honor your request is the question.
Go ahead and ask. The worse they can say is no.
 

iamintn

Junior Member
Thanks for the response!

Most employers for 'creative positions', such as engineers, software developers, etc. include a 'we own product' clause in their employment agreement.
The company does have a policy like that. However, it doesn't cover work outside of my job scope (in this case I was working as a EE and developed computer software unrelated to the job function) nor does it cover work done on my own time. Of course, not all of it was done on my own time as I had to implement it and debug it at work...but the majority.


Absolutely. You can request almost anything. Whether they have to honor your request is the question.
Go ahead and ask. The worse they can say is no.
Good point and will do. I just didn't know legally if what I was requesting would hold water.

This is the precursor to demanding they stop using the work without paying me for it...If I decide to go that route. Just weighing options.
 

Zigner

Senior Member, Non-Attorney
You utilized company resources to develop this...

(You know, I'm SURE we had this EXACT question come up about a year ago...even down to the details)
 

iamintn

Junior Member
If you have a link to that, can you please post it? I would love to read about.

I'll keep searching and see if I can find it.

Thanks!
 

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