RE: "Prior Inventions" on employment contract

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Dan,

That does put a slightly different twist on things, I was thinking it was
the client looking for you to sign the contract, but in any case any work
you did prior to accepting a job from your current employer is yours unless
you assign rights to your employer. It sounds like your employer is trying
to benefit from work you have done on your own and that is what you need to
get resolved! I would continue to pester them without flat refusing to sign
the thing until they give you a more lucid statement of what they are trying
to accomplish. Someone else mentioned duress, and if this is not duress I
don't know what is!

-----Original Message-----
From: Dan [mailto:dbcemid@yahoo.com]
Sent: Tuesday, December 10, 2002 2:24 PM
To: midrange-l@midrange.com
Subject: Re: "Prior Inventions" on employment contract


I almost agree with your add-on; I think it's still too overly broad.
"in any way" is a field-day phrase for lawyers.

It's interesting, though.  The company that needs to be protected is
the client that I'm assigned to.  The way this contract reads is that
my employer, and not the client, owns everything.  I'd have to believe
that the contract between the client and my employer would state that
the client retains ownership of all my work.  Or maybe my employer
takes ownership of my work and assigns all of that to the client?  A
legalese kind of thing since I'm not contractually obligated to the
client, but my employer is?

It sounds like my employer is going to be hardnosed about this.  I got
an email back stating that the contract must be signed in its current
form.  I guess I need to ask the question, "what will they do if I
refuse?"

- Dan

--- Jim Franz <franz400@triad.rr.com> wrote:
> Actually it looks pretty standard to me. It stops someone from going
> to work somewhere, learning something, then claiming copyright or
> patent on a process. I would make a list of your utilities.
> I think you all are missing the " that relates in any way to the
> Companies'
> business"... If I hire someone, I don't want them selling my ideas!
> jim franz

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