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  #1  
Old 02-01-2006, 11:12 AM
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Cool

wrongful Termination/ Intellectual Property Agreement


I was Terminated from my Job at a large Communications Company for refusing to sign an Intellectual Property Agreement. This Agreement was very vague and basically gave my employer rights to copywritten materials as well as other materials that had nothing to do with my job. I showed both the agreement and a waiver to a lawyer and he informed me not to sign either. When I respectfully refused to sign the agreement or the waiver I asked if I was within my rights not to sign and was informed by HR and the corporate attorney that I was. No one there seemed to know what to do with me after I refused (it was 2 weeks before they fired me) and they completely overlooked the normal procedure for terminating an employee (Verbal Warning, Written Warning, Final Written Warning and finally Termination). I worked in West Texas but as the company headquarters is located in Georgia it all concerns Georgia laws. On a side note I was hired in 2001 without an Intellectual Property Agreement, I quit in 2005 and was subsequently rehired two months later, again without the Intellectual Property Agreement. Our area (all of West Texas) as well as another large part of this corporation came up for sale recently and it seems this was when they pushed for an Intellectual Property Agreement. Do I have a case for wrongful termination? Even if I do not have a case is there anyway we could force a settlement due to the impending sale of this Area?
  #2  
Old 02-01-2006, 11:58 AM
cbg cbg is offline
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No, you do not have a case for wrongful termination. No law prohibits your employer from firing you because you refused to sign an IP agreement.

You can't force a settlement when you have no case to begin with.
  #3  
Old 02-01-2006, 12:20 PM
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Some more info.


This agreement was included as the last page of an online class we had to complete on ethical business practices and when you got to the last page there was a button that said “I Agree”, until that point nothing in the class even mentioned an Intellectual Property Agreement and you had to click another button to see exactly what you were agreeing to. As I am a curious guy by nature I pressed the button and read this agreement. Most of my co-workers merely agreed thinking it was the only way to complete the class. There was no other way to complete the class as “I agree and “View the Agreement” were the only buttons on the page.
  #4  
Old 02-01-2006, 12:22 PM
cbg cbg is offline
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Doesn't change anything.
  #5  
Old 02-01-2006, 12:23 PM
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Quote:
Originally Posted by cbg
No, you do not have a case for wrongful termination. No law prohibits your employer from firing you because you refused to sign an IP agreement.

You can't force a settlement when you have no case to begin with.

Read above...
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  #6  
Old 02-01-2006, 12:30 PM
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one more thing.


Is It legal for me to show you the agreement. It mentions the company all over it?
  #7  
Old 02-01-2006, 12:32 PM
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This is in the same light with a non-compete, acknowledgments for code of conduct, and any other policy the company deems neccessary for employment. It amazes me how many people truely believe they can call the shots on how employers do business. Just Amazing!
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  #8  
Old 02-01-2006, 12:35 PM
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frustration


The agreement they wanted me to sign basically takes away any rights to any inventions, books etc. and gives them all to the employer. Would you sign one?
  #9  
Old 02-01-2006, 01:12 PM
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Quote:
Originally Posted by PCTuner
The agreement they wanted me to sign basically takes away any rights to any inventions, books etc. and gives them all to the employer. Would you sign one?
No, but I wouldn't expect to have keep a position with that company either. If you don't want to follow the policies and guidlines by the company, then find an organization where they care about an IP agreement.
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  #10  
Old 02-01-2006, 03:42 PM
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Intellectual Property in Texas?

I saw the State of the Union Last night. Proof positive there is no intellect in Texas.
  #11  
Old 02-02-2006, 08:04 AM
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Quote:
I saw the State of the Union Last night. Proof positive there is no intellect in Texas.

That's why I moved from there. Just haven't changed my screen name.
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