personal property vs employee property

[dguida]

What is the name of your state?What is the name of your state?What is the name of your state? New Jersey. Not sure where this fits but I'll try here. I was hired by a developer to run a construction office (it's actually a construction trailer). My primary functions were to keep the books and keep things organized. However, I wound up doing much much more. I actually built a web site for the company with the help of my son. I was not compensated for it but as it came together many more demands were made on the design and maintenance issues. My employer is now hinting that he wants the web application where all of the input data is housed loaded to his system. He wants to take "ownership" I suppose. I used so many different software applications to do this and put so much of my own time into it I'm wondering exactly what I am obligated to give him. Not only was all of my software utilized for this but this business ran solely on my personal lap top for 18 months (he was away). He did not want to purchase a pc and leave it in a "trailer" so each day I would come in pop my laptop into a docking station and each night I would leave. I suppose he has a right to some of the other "work and/or documents" but my main concern is the web application I worked so hard and long and was never compensated. He did reimburse me for the domain name and the host subscription.

 

[pattytx]

Were you an employee for the purposes of this web site design? Or an employee at all?

 

[dguida]

The job description was/is "bookkeeper & office manager" I was not hired to design brochures and/or web sites. My responsibilities consist of collecting vendors insurance policies, posting invoices, maintaining the bookkeeping system, paying vendors, reconciling bank statements and doing bank draws for our new construction loans.

 

[pattytx]

So, did you do this website design on your own time? Did you have a written agreement as to how this would be paid for and who would own it? Do you put yourself out as doing this kind of work for others? Did you have a financial stake in this website design work?

 

[dguida]

The web-site was done 100% on my own time. I am not a web designer. I am crafty and will try anything. I did all of the designing and my son helped (on his own time also) with getting some of the more difficult programming uploaded and running. I have never done this before and no I did not have a written agreement. It was designed with all of my hardware and software. The truth of the matter is this: My employer was in a Federal prison for 14 months. Prior to him going away he made a verbal agreement with us as to what our responsibilities would be. There was a general manager "watching to make sure no one stole anything" Well when the first agreement was drafted it was "of course" different then what was discussed. We declined to sign but when we would get our periodic telephone calls he would tell us everything would be alright and he would take care of us when he got out, with health insurance, commission amounts, etc. We are very honest and trustworthy because he got out in JUly and has since made 3 new "verbal" agreements. Well in July I was diagnosed with breast cancer. (We pay our own insurance because when he got out we discussed his paying for our benefits but he renegged on that.) Well on Sept 30, 2005 while I was having a chemo treatment he pranced in and told my husband he had 30 days because he could not afford to pay him anymore. When I returned on the 4th he first rheemed me out and then proceeded to tell me I had to go on disability. Thats when he started telling me to copy everything on my laptop to his computer. He hasn't mentioned the web page yet but I know thats next. He was suppose to be paying my husband (who is the builder) $12,000 for commission on a house that is closing on 11/15/05 but again that is not in writing and he told us today he wasn't going to pay it because he can't afford to. but he has no problem getting draws from the bank to pay vendors which he doesn't do timely and writing himself checks to the tune of $60,000 out of our primary acct for personal needs. Listen, obviously this guy who is very young learned nothing about right and wrong when he was in jail. We did everything at this development for 18 months and yes we got paid to do specific things. I do have to say we both put our eggs in one basket and took huge paycuts to do it. Why? Obviously because we were promised money. We are not extravagant people we were just late bloomers that though what was promised would help catch us up for retirement. We being honest people put our hearts and souls into this to make it run correctly and we are so screwed right now. Sorry to go on but it's very upsetting. Anyway....... I'm just waiting for him to ask me for the "keys" to web site and if there is no legal issue (for me) I would prefer not to give him access but rather just take it down and have him pay a professional to reconstruct one.

 

[atomicperm]

You trusted someone in FEDERAL PRISION????????

There was a reason he was there and it sure wasn't because he was honest!

 

[Thankyou2]

You weren't hired to build a site. You didn't get paid for building a site. You didn't do it on work time. You used only your personal resources to build it. I am no lawyer, but it sounds to me like you could just transfer the site to your own domain location and give him back his domain name with nothing on it.