RE: work contracts inquiry

["Jill Gallagher" <jmg1@xxxxxxxxxxxxx>]

Our company is a small division of a larger company.  A few years (10 maybe <g>) back, corporate decided we needed to have a confidentiality statement also.  They came with the same one that you have (I guess it's standard), plus they added that if you did go to work after a year for someone else, you couldn't use anything that was learned while at the present company.  If you take that literally, if we learned RPG while here (which I did) you couldn't use that anywhere else.  Which would pretty much limit my career!  So, myself and the other programmer wouldn't sign it as is.  Our VP (who's also a lawyer), tried telling us that that's not really what it meant, but he didn't have much luck convincing us of that.  Eventually, after much haggling, they allowed us to cross out what we didn't like.  We went back to the basic "we won't sell company programs to anyone else and we won't take them with us when we leave" original and signed that.  Haven't heard a thing about it since!  Good luck :)

 

Jill

-----Original Message-----
From: owner-midrange-l@midrange.com [mailto:owner-midrange-l@midrange.com]On Behalf Of Shadrach Scott
Sent: Monday, October 02, 2000 3:45 PM
To: MIDRANGE-L@midrange.com
Subject: work contracts inquiry

 

I work for a small firm and just a few months ago we merged with a couple of other companies. The new parent company is coming to us and 'asking' us to sign this very detailed no competition contract. The original company had a simple contract that seemed very reasonable to me that requested that we did not sell services on the side to the companies customers during and for a year after employment.

 

The new contract contains that same type of language plus a portion labeled inventions; That basically says if you create anything, even on your own time during employment and for 6 months after employment the rights to that invention belongs to them. Which basically I am understanding to say, if I create a palm pilot app to keep track of expense reports on the side I am obligated to send the code to them and they have the right to sell or distribute the app. Is this practice common in the computer industry? The contract states that even if you have an idea that may be paten-able you are to put it in writing and submit it to the company.

 

This policy seems kind of harsh and I even feel discouraged to play or even dream on my own time and learn new tools, because if I create a  little new app I don't really own it or if I want to go into business for my self I can't do it with a new idea because that would belong to them.

 

Shadrach