Do I Have to Hand Over a Website I Built to Help a Company Program when I Leave?

[albowers]

What is the name of your state (only U.S. law)? VA

I have tried searching and found nothing on this so far. It could be because I do not know the jargon that would bring up similar cases.


I built a website to help a program I work with at my job. I wasn't asked to build it, I just did it as an asset to my work program at my own expense, on my own time, on my personal computer, at home, and of my own initiative. I am a salaried employee leaving the company soon. When I leave the company, do I have to hand over my code and domain name because it was used for a company program? The company doesn't want to use it, they just don't want me to have it. There is nothing sensitive in it, they just feel it is tied to the company. Or, because I own the domain and the server space, is it my domain to keep?

 

[LdiJ]

What is the name of your state (only U.S. law)? VA

I have tried searching and found nothing on this so far. It could be because I do not know the jargon that would bring up similar cases.


I built a website to help a program I work with at my job. I wasn't asked to build it, I just did it as an asset to my work program at my own expense, on my own time, on my personal computer, at home, and of my own initiative. I am a salaried employee leaving the company soon. When I leave the company, do I have to hand over my code and domain name because it was used for a company program? The company doesn't want to use it, they just don't want me to have it. There is nothing sensitive in it, they just feel it is tied to the company. Or, because I own the domain and the server space, is it my domain to keep?

Maybe, maybe not. Does it use the company name, logo, trademarks or anything of that nature?

 

[swalsh411]

Tell them you would be happy to give it to them for whatever you can mutually agree is appropriate compensation. I know of no law that they can use to force you to hand it over.

I would not let them have the domain without paying you. They don't work for free and neither do you. (if this is something you developed on your own time). Just be sure to not use their logo, name, or anything else they own if you plan to continue further development.

 

[albowers]

Thanks for your response

Tell them you would be happy to give it to them for whatever you can mutually agree is appropriate compensation. I know of no law that they can use to force you to hand it over.

I would not let them have the domain without paying you. They don't work for free and neither do you. (if this is something you developed on your own time). Just be sure to not use their logo, name, or anything else they own if you plan to continue further development.

Thanks. I did offer to sell it to them and they are not interested.

Are you a lawyer or can any lawyers comment if they know of something I don't?

 

[BigMouthWino]

What is the name of your state (only U.S. law)? VA

I have tried searching and found nothing on this so far. It could be because I do not know the jargon that would bring up similar cases.


I built a website to help a program I work with at my job. I wasn't asked to build it, I just did it as an asset to my work program at my own expense, on my own time, on my personal computer, at home, and of my own initiative. I am a salaried employee leaving the company soon. When I leave the company, do I have to hand over my code and domain name because it was used for a company program? The company doesn't want to use it, they just don't want me to have it. There is nothing sensitive in it, they just feel it is tied to the company. Or, because I own the domain and the server space, is it my domain to keep?

Think back to when you were hired. Your first day of work. You probably signed a lot of paperwork. You may want to ask to inspect your HR file to see if you signed anything that addresses this. Also, the employee handbook/manual may address it.

Since you were a salaried employee who is to say what was "your" time and what was the "company's" time? Any time spent on matters pertaining to company business could be construed as "their" time.

Is this something that is worth being sued over? Do you have the money to fight your former employer if they sue you? What about your reputation in your industry? Will destroying your relationship with your employer damage this in any way?

And you CERTAINLY cannot use the website at any way from your new employer. That will almost certainly cause your old employer to sue you and the new employer, especially if it is a competitor. If you decide to use the website at your new job, you better get absolute buy-in and clearance from executive management.

 

[cbg]

Just as an FYI, the OP certainly CAN ask to inspect their personnel file. And the company MAY permit him to do so.

However, whether an employer is or is not required to allow such an inspection is determined by state law. In the OP's state, it is up to the employer whether to allow it or not. The employer cannot be compelled to permit it, if they choose not to, for anything short of a subpoena.

 

[swalsh411]

If you have something in your personal possession they cannot force you to hand it over. They could sue you for a variety of things if you use it in a way which causes them damages. If you take the framework of what you built and modify it enough that your ex employer cannot be tied to it in any way, you are probably ok.

 

[BigMouthWino]

If you have something in your personal possession they cannot force you to hand it over.

Really? So anything in one's personal possession, no matter how acquired cannot be forced out of their possession? This makes no sense.

They could sue you for a variety of things if you use it in a way which causes them damages. If you take the framework of what you built and modify it enough that your ex employer cannot be tied to it in any way, you are probably ok.

You're missing the point. It's highly likely this website isn't actually the employee's property, but the property of the employer who paid him a salary while he designed it, created it and used it in the course of his work. If the employer addresses intellectual property any time during the orientation period or within its employee handbook it may very well be the owner of whatever employee created while receiving money from them.

 

[swalsh411]

Really? So anything in one's personal possession, no matter how acquired cannot be forced out of their possession? This makes no sense.

I never said that. I said the employer could not force him to turn it over. He offered to give them a copy. He just wants to keep a copy for himself, since he wrote it as a personal project.

You're missing the point. It's highly likely this website isn't actually the employee's property, but the property of the employer who paid him a salary while he designed it, created it and used it in the course of his work. If the employer addresses intellectual property any time during the orientation period or within its employee handbook it may very well be the owner of whatever employee created while receiving money from them.

You're wrong. OP said the work was done

-on his own time
-at this home
-on his own computer

How do you figure it belongs to the employer? Or did you forget to read that part?

 

[LdiJ]

Really? So anything in one's personal possession, no matter how acquired cannot be forced out of their possession? This makes no sense.



You're missing the point. It's highly likely this website isn't actually the employee's property, but the property of the employer who paid him a salary while he designed it, created it and used it in the course of his work. If the employer addresses intellectual property any time during the orientation period or within its employee handbook it may very well be the owner of whatever employee created while receiving money from them.

Once again it depends upon the nature of the property. The OP has been pretty vague here. Just because you are on salary doesn't mean that everything that you develop when you are at home belongs to the company you work for...even if you used it to help your work. You are making a pretty big assumption based on little information.