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Can I be fired for refusing to work in a position I wasn't hired for?

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Clachair

Junior Member
What is the name of your state (only U.S. law)? New York
I am employed in as a service/maintenance technician in a high-speed production factory.
I invented a device outside working hours using prior experience in my home workshop (where I run a part-time consulting business) for checking a machine alignment, which is patentable. My employers now demand (under implied threat of termination) that I design and build one for them (on their time, with their parts) even though I am not employed as a design engineer.
It's fairly obvious that they want to copy my design and sell it.
Can they fire me for refusing to design and or build a unit for them?
 
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Betty

Senior Member
Yes, they can terminate you for not doing whatever job they request that you do unless you have a binding employment contract or CBA to the contrary guaranteeing you would be only be doing a specific job.
 

Clachair

Junior Member
Thanks for the reply.
My next question is then, why am I being singled out from the other eight technicians, none of whom have my experience? None of them have been asked to do this.
My letter of employment doesn't mention design of anything, merely "as Plant Technician".
They didn't know I could design anything until I produced my unit.
 

justalayman

Senior Member
They didn't know I could design anything until I produced my unit.
that answers all your questions right there.

Unless you have a contract stating what your job duties are, your duties are whatever your boss wants you to do.

I would strongly suggest that if you are considering patenting your idea, you do so now.
 

Betty

Senior Member
Yes, you can be singled out. All employees do not have to be treated the same as long as you aren't being discriminated against due to a protected "class" (ie age, religion, gender).

Agree, why don't you see about getting a patent for your device.

Also, a letter of employment very rarely (if ever) rises to the level of a binding contract.
 

Clachair

Junior Member
Many thanks for your interest and clarifications.
Basically, it looks like I'm screwed with two options:
1. Build a box for them.
2. Leave.
BTW I have seen a patent lawyer who says I would have the rights to any patent and they don't, due to US patent law under which I can easily demonstrate that I was the first (and only) one to think of it and 'reduce it to practice'. This would be a bigger relief if I could afford his exorbitant fees.
Again, many thanks.
 

cyjeff

Senior Member
Many thanks for your interest and clarifications.
Basically, it looks like I'm screwed with two options:
1. Build a box for them.
2. Leave.
BTW I have seen a patent lawyer who says I would have the rights to any patent and they don't, due to US patent law under which I can easily demonstrate that I was the first (and only) one to think of it and 'reduce it to practice'. This would be a bigger relief if I could afford his exorbitant fees.
Again, many thanks.
Maybe.

In most of the companies I have worked for, anything that I produce during that period of employment belongs to them.

I assume your company, especially if you have designers on staff, would be similar.
 

ecmst12

Senior Member
He produced it on his own time, in his own space, with his own materials. Don't see how the employer has any claim to it.
 

justalayman

Senior Member
Some companies have an all encompassing release of all claims to anything produced while employed at their company. If there is such a release, he will still have to argue the point they generally use which is, "if not for his position at this company and his exposure to our processess and systems, he would not have designed such a device"

In other words, they claim their input into the invention makes it theirs.

Case in point (and a winning one for the company) the Bratz dolls.
 

Clachair

Junior Member
I see the subject has changed already.
Regarding ownership of the intellectual property:-
1. They never asked me to sign an assignment agreement.
2. The idea was derived from my 'prior art' experience in another industry 30+ years ago.
3. They never participated in the 'reduction to practice', i.e. nobody helped me with it.

Back to my original question:-
They recently posted a technician position with requirements to 'participate in process improvements' which usually means installing new equipment that they purchase, not designing new methodology. There was never a requirement for a new hire to be capable of design.
I accept Betty's comments, but wonder if there should be some reasonable limit on their part, e.g. do I have to juggle lighted candles just because they tell me to? What happens if they don't actually have lighted candles and rely on me to tell them where to purchase them?
Thanks for everybody's interest.
 

tranquility

Senior Member
Yes. Absent a specific contract exactly deliniating your duties, they can ask you to juggle candles.

Unless what they ask is against public policy, they can ask it. Remember, they can fire you for any or *no* reason they want. The only real limitation is discrimination based on a protected category.
 

justalayman

Senior Member
=Clachair;2071338]I see the subject has changed already.
How has the subject changed? We were discussing differenct situations where a company could claim ownership of an employees inventions. Without you here, we could only speculate as to how it may or may not play into your situation.


Back to my original question:-
They recently posted a technician position with requirements to 'participate in process improvements' which usually means installing new equipment that they purchase, not designing new methodology.
Usually means? It means what they want it to mean. The statement is ambiguous enough that it very well could mean they want that person to design nre equipment.

There was never a requirement for a new hire to be capable of design
.So

do I have to juggle lighted candles just because they tell me to?
If you want to keep your job, yes.

What happens if they don't actually have lighted candles and rely on me to tell them where to purchase them?
So? If you do not want to do the job the demand of you, you can find another job elsewhere. While you are employed there, your job consists of whatever they tell you to do AND they can have you doing one thing (e.g. sweeping the floor) and another person in the same capacity doing something totatlly different (e.g. sitting in on corporate board meetings).
 

Clachair

Junior Member
Many thanks to everybody's comments and advice, which I've found extremely useful, and some of which help to explain why most (but not all) of my work colleags make comments about working in a Stalinist labor camp.
Again, thanks to all the commenters and viewers.
 

LeeHarveyBlotto

Senior Member
Many thanks to everybody's comments and advice, which I've found extremely useful, and some of which help to explain why most (but not all) of my work colleags make comments about working in a Stalinist labor camp.
Again, thanks to all the commenters and viewers.
I'm guessing that if one pushes on the door to leave, it will open.
 

Ian_Y

Member
Some companies have an all encompassing release of all claims to anything produced while employed at their company. If there is such a release, he will still have to argue the point they generally use which is, "if not for his position at this company and his exposure to our processess and systems, he would not have designed such a device"

In other words, they claim their input into the invention makes it theirs.

Case in point (and a winning one for the company) the Bratz dolls.
The Bratz dolls? Interesting. My best friend's neighbor's parents I believe were suing Bratz for copyright infringement..I wonder if it is the same case. I do think they lost.
 

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