• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Education / Experience as intellectual property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bridgetedwards

New member
My employer hired me as a SME for a particular technology. I have 20+ years and an MS in it. I developed and provided a rudimentary training to allow persons my junior to perform their roles. Now, I'm being asked to provide additional 'deep-dive' training on things I've learned across experience and advanced schooling. That's why you have a SME...my 2 cents. What is my obligation to train people who have no foundation in this area? Is my education / experience considered to be intellectual property?
 


quincy

Senior Member
My employer hired me as a SME for a particular technology. I have 20+ years and an MS in it. I developed and provided a rudimentary training to allow persons my junior to perform their roles. Now, I'm being asked to provide additional 'deep-dive' training on things I've learned across experience and advanced schooling. That's why you have a SME...my 2 cents. What is my obligation to train people who have no foundation in this area? Is my education / experience considered to be intellectual property?
What is the name of your state or, if not in the US, what is the name of your country?

Your education and experience is not intellectual property. What you create with your education and experience could be - although, depending on the terms of your employment, the rights in this intellectual property could belong to your employer and not you.

You have no "obligation" to do anything that your employer requests or requires you do. You can quit the job.
 

bridgetedwards

New member
What is the name of your state or, if not in the US, what is the name of your country?

Your education and experience is not intellectual property. What you create with your education and experience could be - although, depending on the terms of your employment, the rights in this intellectual property could belong to your employer and not you.

You have no "obligation" to do anything that your employer requests or requires you do. You can quit the job.
I am in North Carolinia.
 

quincy

Senior Member
I am in North Carolinia.
Thank you for providing your state name.

Intellectual property includes patents, copyrights, trademarks and trade secrets.

Training someone to do a job (or do a job better) is a job role, the satisfactory performance of which you are compensated.
 

cbg

I'm a Northern Girl
What is my obligation to train people who have no foundation in this area?

You have no legal obligation to train any of your co-workers

Now, here's the next question. What is your employer's legal obligation to keep you employed if you refuse to commit to this training?

And the answer is, None. They are at liberty to fire your ass and you will have no legal recourse. Even unemployment is unlikely.
 

LdiJ

Senior Member
My employer hired me as a SME for a particular technology. I have 20+ years and an MS in it. I developed and provided a rudimentary training to allow persons my junior to perform their roles. Now, I'm being asked to provide additional 'deep-dive' training on things I've learned across experience and advanced schooling. That's why you have a SME...my 2 cents. What is my obligation to train people who have no foundation in this area? Is my education / experience considered to be intellectual property?
I can maybe understand where you are coming from if you spent a lot of time and money of your own to get trained, and your employer is expecting you to use that training to train others who will not have to spend the same amount of their own time and money to get trained.

Unfortunately though, I do not see how you can do anything about it and keep your job unless your employer is someone reasonable who would be willing to discuss or provide reasonable compensation to you for doing the training. However, at the same time if you are already being very well compensated that might be a different story.
 

quincy

Senior Member
Bridgetedwards was probably hired specifically because s/he had the education and experience necessary to train other employees.

People acquire education and skills so they can be employed in their field of choice.

Bridgetedwards can certainly discuss his/her role in the company with the employer but, ultimately, it is employer who dictates what role the employee will play and how much the employee will be compensated for performing that role.

Again, if Bridgetedwards is unhappy teaching or training others to do what s/he spent years and money learning to do, s/he has options.
 

justalayman

Senior Member
What is an sme in this context?

Regardless what it is:

Unless there is a contract defining your tenure and duties:

your job role and duties were discussed prior to hiring? Were any duties defined as a trainer for others? If so, then you have no argument now. If not, you can discuss your issues with your employer. If you can’t come to terms on the issue, either is free to terminate the relationship.

Your education and experience are what you sell Yourself with. It’s what got you your job. Your actions in light of what the employer requires are what keep you employed. If you don’t provide the employer with what they need and they believe it’s your obligation to provide, well, chances are, your time at that company is probably limited.
 

Mass_Shyster

Senior Member
You have no legal obligation to train any of your co-workers
I disagree (picking nits here)

An employment situation is contract, although it's a divisible contract.

Employee agrees to perform work for employer. Employer agrees to pay employee for work performed. If employer instructs employee to perform a task, employee is legally obligated to perform that task in accordance with the contract. Refusing to do so is a breach of contract, giving employer legal recourse to enforce the contract. Since slavery is somewhat unpopular, the employee is not likely to be forced, by a court, to perform said task. It's possible a court could require employee to refund any pay received for employment while employee refused to do what was asked. I don't think anyone would bother litigating this matter, but I believe there is a legal obligation to follow work instructions.

This does not change the reality of the situation where the employee is free to terminate the contract (quit) and employer is free to terminate the contract (fire employee).
 

quincy

Senior Member
I disagree (picking nits here)

An employment situation is contract, although it's a divisible contract.

Employee agrees to perform work for employer. Employer agrees to pay employee for work performed. If employer instructs employee to perform a task, employee is legally obligated to perform that task in accordance with the contract. Refusing to do so is a breach of contract, giving employer legal recourse to enforce the contract. Since slavery is somewhat unpopular, the employee is not likely to be forced, by a court, to perform said task. It's possible a court could require employee to refund any pay received for employment while employee refused to do what was asked. I don't think anyone would bother litigating this matter, but I believe there is a legal obligation to follow work instructions.

This does not change the reality of the situation where the employee is free to terminate the contract (quit) and employer is free to terminate the contract (fire employee).
I don't see it as a legal obligation to perform the tasks for which you were hired. It is an obligation to perform if you do not want to suffer the (possible) legal consequences of not performing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top