Employment Contracts (ie they own me)

[look_ma]

So my manager called me in the other day because I didn't sign one of the company’s latest agreements they rolled out. I didn't sign because of the Intellectual Property paragraph. It goes as follows (this is just a clip):

"All inventions, ideas, concepts, written material and trade secrets produced during employment are property of Company X"

I remember reading something about this on ask slash dot and found the article.
I read through it, but nothing amazing jumped out at me. http://ask.slashdot.org/article.pl?sid=04/02/06/2329209&mode=thread&tid=187

Here is what is different the guy in article and me. I already work for the company; my manager already said if I didn't sign I was fired. I have not signed, and he saw where I was coming from and gave me a couple day suspension until I could contact HR. Honestly I am not working on anything at the moment, but who knows how long I am going to be working for this company.

Has anyone encountered this yet, and or overcome this. I do not want to get a lawyer involved because that involves heavy cost.

[cheapie]

i wouldn't worry about it. it's standard operation procedure. however, if you feel very strongly about it and feel you're a strong employee, spend a couple hundred bucks and have a lawyer suggest different wording. then just attach the changes to the agreement. lol. they prolly won't even look at it when you turn it in.

[look_ma]

i wouldn't worry about it. it's standard operation procedure. however, if you feel very strongly about it and feel you're a strong employee, spend a couple hundred bucks and have a lawyer suggest different wording. then just attach the changes to the agreement. lol. they prolly won't even look at it when you turn it in.

It is really that big of a standard across the board? Why are companies doing this, and does it really hold up in court.

[Cubsfan]

That's pretty broad. Mine is more narrow. Basically for me,anything I invent either during the time I'm working, or relates to the business of the company, is theirs. If I go invent a new motorcycle, it's mine :)

[look_ma]

yuh, and that kinda makes sense cubsfan. I can understand the company not wanting me to make something that they make and call it my own.

[Nija]

Get a lawyer if you feel strongly about it. And I don't think they can fire you if you already work there. But I'm not a lawyer.

[chadlnc]

It is really that big of a standard across the board? Why are companies doing this, and does it really hold up in court.
Yes it is fairly standard now. From the employers point of view, they just don't want you there getting paid to invent or create something then start your own company with it or sell it to someone else. I understand your apprenhension, it feels a little like you are selling your soul, but it really shoudn't be that bad. If it is a good job, just suck it up and sign unless you really want to spend moneny on an attorney.

[Hiro]

The one intellectual property agreement i ever signed while working with a company read along the lines of:


Anything invented by said person that will help the companies equipment, procedures or services operate at a higher efficiency is property of Company X

Basically, anything I would have created that would have solely benefited the company. If it was something that couldn't help the company in any way, shape or form, it's mine.

[ufcrusher]

Your companies point of view is that if you are inventing something that is related to what you do, it is with the aid of company resources and you probably would not have done that on your own.

Personally, that statement is WAY too broad and I wouldnt sign it. It would make ANYTHING you do, even non-work related, belong to them. Definitely not something I would agree to.

[look_ma]

I thought it was kind of wierd how no one else even saw this, and everyone just signed away. This is just my part time job I do on the side for cash, but plan to keep it for a long time. I am waiting till monday when HR is open, I will keep you guys posted.

[look_ma]

WOOT, got a resolution. It was Monday and I was able to contact HR, they answered on the 3rd ring, no holding or nothing. They said that was only if you were on company time, using company materials. Now if it was something I created using a company laptop, there is a possibility it could be theirs. Thanks for your support guys. The paper I am signing is not even attached to the handbook with the Intellectual Property paragraph, guess I am not too worried now.