Website Content Made While Employed

[vegeta13613]

This may be in the incorrect section... Perhaps it should be in the copyright section, but I am a bit unsure about where it fits in best.

I live in NY state. I recently went through a 30-day trial period at a job. During that time period, I made a trial online store for the company (on Goodsie). I made a banner, put up a few sample items, etc. The store never went live to the public, and remained private and password protected (only I and my employer ever saw it). I got paid for working on the website (5 hours in total, I believe). I decided to not stay on with the company for various reasons. I am wondering if the content I made is in any way their property. They never paid anything for the website; I made it on a free trial via my personal email account. Do they have any right to it? They literally had me sign no paperwork, including anything to do with rights of items produced while on the job.

Also, assuming they do have some right to it, am I able to deny them the content I produced until they give me the rest of my payment (they still owe me for a few hours of work).

 

[justalayman]

They never paid anything for the website;

did they pay you as an employee to create the site?

 

[vegeta13613]

did they pay you as an employee to create the site?

By "They never paid anything for the website; I made it on a free trial...", I am stating that they did not pay a fee for the website service to Goodsie.

I already answered your question in my initial post... "I got paid for working on the website."

To further clarify... I was never asked by the company to make the website. I did it on my own time, but they were impressed enough with my work that they ended up paying me for it. I don't think that will change things, but that is just more clarification. I know, that sounds like the company being great, but trust me, I have had many, many issues with them in my 30 days that few people would be willing to put up with unless absolutely necessary (payment delayed almost two weeks past the agreed upon pay date, many hours of unpaid drive time while working, having to pay for basic office supplies out of my own pocket, etc.)

 

[quincy]

By "They never paid anything for the website; I made it on a free trial...", I am stating that they did not pay a fee for the website service to Goodsie.

I already answered your question in my initial post... "I got paid for working on the website."

To further clarify... I was never asked by the company to make the website. I did it on my own time, but they were impressed enough with my work that they ended up paying me for it. I don't think that will change things, but that is just more clarification. I know, that sounds like the company being great, but trust me, I have had many, many issues with them in my 30 days that few people would be willing to put up with unless absolutely necessary (payment delayed almost two weeks past the agreed upon pay date, many hours of unpaid drive time while working, having to pay for basic office supplies out of my own pocket, etc.)

How long were you an employee of this company? Did you sign a contract with this company? Will you be getting a W-2 at the end of the year from this company? Was what you did during this "trial period" part of your employment duties and did it include working up a trial online store?

There is a lot that needs to be known about your particular employment with this company to determine who has rights in the website.

 

[vegeta13613]

How long were you an employee of this company? Did you sign a contract with this company? Will you be getting a W-2 at the end of the year from this company? Was what you did during this "trial period" part of your employment duties?

As I said in my initial post, I never signed ANY paperwork for this company. I was told I would be receiving a packet in the mail, but never did. I mentioned to them multiple times that I was still waiting on the paperwork multiple times, and never got a response other than something like "Oh, we'll get that out to you soon." I was employed for 30 days. I did all of my required duties, and the website was just something I did in my free time to show my skills and (mainly) that I was willing to go the extra mile. As I said, they were impressed by the website and decided to pay me for it, but it was not part of my "employment duties."

 

[quincy]

As I said in my initial post, I never signed ANY paperwork for this company. I was told I would be receiving a packet in the mail, but never did. I mentioned to them multiple times that I was still waiting on the paperwork multiple times, and never got a response other than something like "Oh, we'll get that out to you soon." I was employed for 30 days. I did all of my required duties, and the website was just something I did in my free time to show my skills and (mainly) that I was willing to go the extra mile. As I said, they were impressed by the website and decided to pay me for it, but it was not part of my "employment duties."

What does the company believe they purchased when you sold them the website you created?

 

[vegeta13613]

What does the company believe they purchased when you sold them the website you created?

I obviously can't say what the company "believed" about anything... I personally believed that I would make them a simple demo website using a free trial service and maybe it would show them I had untapped skills. Or maybe they would decide to one day have me make them an actual usable website. But I am not sure beliefs are really that important here. Also, I don't remember saying I "sold" them the website. Indeed, after the fact, they did decide to give me money for something that I did on my own time. I wouldn't think that automatically gives them rights to whatever I did... I assume I haven't yet provided enough information for a definitive answer?

 

[I'mTheFather]

As I said, they were impressed by the website and decided to pay me for it, but it was not part of my "employment duties."

Indeed, after the fact, they did decide to give me money for something that I did on my own time.

If the above doesn't mean that you sold it, then what does it mean??

 

[I'mTheFather]

I assume I haven't yet provided enough information for a definitive answer?

Well, you're sure displaying enough attitude that you may not get that definitive answer.

 

[quincy]

I guess I can't make sense of your posts, vegeta13613.

You were paid by the company for your 30 days of work and you were also paid for the time you worked on the website (which was not created on company time?).

You signed no papers of any kind regarding employment with this company (no tax forms filled out, no nothing?) and you never signed over any rights in the website. How exactly are you being paid, if you have filled out no paperwork of any kind? Cash?

Well, it sounds as if you retain all rights to the website if absolutely nothing was signed and you did not create the website as part of your employment duties - but if the site was designed for the company (company banner and items related to the company), I am not sure it is of much use to you.

I suggest you have an attorney in your area review the website and go over with you the terms of your employment. Facts are important and they are not being made clear in your posts (at least to me).

 

[vegeta13613]

Well, you're sure displaying enough attitude that you may not get that definitive answer.

It is your assumption that I am displaying "attitude" by that statement. In fact, I was only asking if I have provided enough information yet for someone to give me an answer, or if there was something specific that I should clarify. I am sorry if I wasn't clear, but I thought I was.

 

[vegeta13613]

I guess I can't make sense of your posts.

You were paid by the company for your 30 days of work and you were also paid for the time you worked on the website (which was not created on company time?).

You signed no papers of any kind regarding employment with this company (no tax forms filled out, no nothing?) and you never signed over any rights in the website.

Well, it sounds as if you retain all rights to the website if absolutely nothing was signed and you did not create the website as part of your employment duties - but if the site was designed for the company (company banner and items related to the company), I am not sure it is of much use to you.

I suggest you have an attorney in your area review the website and go over with you the terms of your employment.

Yes, I totally agree that it is a confusing situation. That is part of the reason why I did not stay on. It seemed like the typical "fly by night" small business, and nothing was made clear to me. The fact that they had me sign NOTHING in my 30 days was a big red flag for me. Well, thank you for your advice. The company has caused me enough headaches, and so far refused to pay my last small check, so I would prefer to hang on to the website until I get paid. Thanks again for the information!

 

[vegeta13613]

If the above doesn't mean that you sold it, then what does it mean??

It means they gave me money AFTER I decide to do something on my own, on my own time. I am sure they would love the fact that they gave me money to mean that they own whatever they decided to give me money for. I didn't ask for the money. I didn't even know I was getting money for making the website until I got a note about it with my paycheck.

Just because someone decides to give me money because I decided to do something of my own volition, it automatically means that that something is theirs? That could lead to some very crazy situations...

Obviously, in this case at least, I am correct. Just paying someone because they happened to do something in their free time does not mean you own what they did. I have no idea why you decided to come into this thread only to tell me I was giving an attitude (when I was not), and then tell me I was wrong when it seems very evident that I was not... Oh well, as long as you had fun being wrong twice.

 

[vegeta13613]

How exactly are you being paid, if you have filled out no paperwork of any kind? Cash?

I got one paycheck for my first week. Getting my next paycheck was like pulling teeth. After it being well past due, and me finally complaining, I got paid through Paypal. No paperwork (unless you consider those payments paperwork). I repeatedly asked when the paperwork to sign was being mailed to me.

Edit: Maybe this will help clarify. This is basically a small mom-and-pop eBay business. That is probably how they got away with all of this in the past.

 

[quincy]

. . . . This is basically a small mom-and-pop eBay business. That is probably how they got away with all of this in the past.

Yes, I imagine that could be how they got away with it in the past.

I am still not sure what it was that you did for this mom-and-pop eBay business, but I am pretty sure that whatever it was that you did, it was more than you should have.

I hope you get paid soon.