RE: work contracts inquiry -- MIDRANGE-L

Nathan,

This subject has come up many times in the past.  And much of what you say
is probably true.  But if you are an RPG programmer and you work for a paper
mill and then "on your own time" come up with a killer program on how to cut
a roll of paper written in RPG, then that is obvious.  This to me is in the
scope of employment.

On the other hand, the same RPG person does a CRM (customer relation
manager) on their own time in C++, it is probably less clear.  But, the
company probably (or should) have a CRM.  It is just the language that is
different.

And "scope of employment" can be very slippery also.  I know nothing of case
law, but it sure seems somebody who works for a consulting company (as an
employee) and who does general contracting will always be in scope.

As an employee (which I have been), the best course of action would be to
get approval before doing the project.  Then you know exactly where you
stand.  And if they say No, you have the choice of accepting it or quitting.

As an employer (which I am), the first option is also much better.
Everything is above board and there are no surprises for anybody.  On the
other hand, if the employee just "does it", that puts the company on the
defensive...and in the power seat also...a scary combination.

Bottom line is that you are better off asking for permission then asking for
forgiveness.

But, to go back to NonCompete/NonDisclosure, a competent employment attorney
should be retained for an opinion.  If we where practicing lawyers, we
wouldn't be on this list.  I know of a good one in Central Indiana if a
reference is needed.

JMHO,
Bob

-----Original Message-----
From: owner-midrange-l@midrange.com [mailto:owner-midrange-l@midrange.com]On
Behalf Of Nathan M. Andelin
Sent: Tuesday, October 03, 2000 11:37 PM
To: MIDRANGE-L@midrange.com
Subject: RE: work contracts inquiry


Bob Crothers Wrote:

>> Since you are an employee, ANYTHING you do relating (and I'm not
>> sure if it even has to relate!) to computers is owned by the company.
This
>> is standard copyright law like it or not.

Actually Bob, the language of the U.S. Statute is more specific:

"A work made for hire is a work prepared by an employee within the scope of
his or her employment".

>From my readings, the courts have never interpreted "within the scope of
his
or her employment" to mean "ANYTHING you do".  But, I know some employers
would try to rationalize it.

It would be an uphill battle for an employer to claim that what an employee
does on his own time is still within the scope of his employment.  In order
to prove it, the employer would probably have to show work assignments that
directly pertain to the software in question.



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