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Website design laws ect.. IOWA

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crxtechnica

Junior Member
ill try to make this as quick as possible, my father started a car business, asked me to work for him, i agreed to do so i was told i would be paid by the hour for my work and for cars i sold, during a 4 month process around 50 hours a week, i never received a paycheck for the work completed, and when i confronted him, he denied saying he would pay me. I gracefully left the business however a day later, found out my website i created had been taken over and i was locked out, my hosting account hacked (i also have a web design business) by someone else he hired... long story short, is there any legal avenue i can use to get back the properties i created below is a list of all the work i did and got no credit, or payment for. Thanks everyone for your help.

Logos and Graphics artwork
-business cards
-website design and individual custom software modules for cars listed
-business sign and logo design
-special artwork for company car, including custom logos sizing, artwork ect.
-artwork for all vehicle advertising license plates (including the plates themselves)
-bumber sticker logos for the dealership
-domain names

i guess its just really irritating because i live a block away and all day long i see my work on every car they sell every commercial they run ect :) thanks again!What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Work you did as an employee is generally the property of your employer. You're not entitled nor are you likely to receive anything other than perhaps minimum wage for time not already compensated to you.

If there were parts of that account that were outside your job at the dealership that you paid for, then you should be able to get those.
 

crxtechnica

Junior Member
thanks for your reply

i appreciate your reply, see thats the thing i was never hired as an employee nor was i ever on the payroll, and i never filled out anything.. i basically was a contractor there were no formal agreements in place other than i did all the work.. does that change anything or am i out of luck :) thanks again
 

divgradcurl

Senior Member
i appreciate your reply, see thats the thing i was never hired as an employee nor was i ever on the payroll, and i never filled out anything.. i basically was a contractor there were no formal agreements in place other than i did all the work.. does that change anything or am i out of luck :) thanks again
The key to determining whether you retain the rights to your work or whether your employer retains the rights to your work -- in other words, a "work for hire" -- depends on whether or not you were an employee (assuming no other contracts in place). Whether or not you were an employee depends on your own state's laws concerning who is an who is not an employee -- whether or not you were on the payroll, or actually got paid, or thought you were a contractor, none of those are key -- it's whether or not the state would have considered a person in your position an employee.

If you really, really want the IP back, you will need to consult with an attorney, who can review all of the facts of your situation and advise you accordingly. If all you want is money, probably the easiest route would be to contact your state's labor department to find out how to get unpaid wages.

Of course, because this is family, it also depends on how much you want to further sour familial relationships...
 

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