Wednesday, August 16, 2006

Dilemma

I have a bit of a dilemma here, so I'm going to take this space to vent, and hopefully think things through a bit.

Up til now, I've been working my new job without a contract or agreement of any sort. It's been the source of a bit of amusement as I'd regularly pester people at work about the need for one, and there'd always be some reason for not having it. Well, now I'm kinda wishing it had stayed that way.

You see, there are at least two problems with my contract, both of which I've recently discussed with my boss. The first is that there's no provision in the contract for me leaving of my own accord. Usually in these contracts, there's something about the agreement being "at will" and that either party can terminate the contract at any time for any reason. Not so with this contract. There's gory detail about how they can sever the relationship, but nothing about my rights. Of course, there's nothing to explicitly stop me from quitting should I so choose, but I suppose that if my employers wanted to be jerks, they could sue me or something. I'm not overly worried about this point, it's more amusing than anything.

The thing that is frosting my Cheerios, however, is a clause that more or less states that my employer claims the rights to anything I create in the world of computers or computing, regardless of whether or not it has anything to do with my job. Basically, if I were to write a piece of software, they own it, regardless of whether I wrote it as a part of my employment or in my own free time using my own equipment. Now this strikes me as a bit of slavery. Basically they're saying that I don't have free time in which I can do anything I please. Well, I can, but if I do anything that they find interesting, they reserve the right to take it from me. Which sucks, because I do like to noodle around with software, and I've some ideas of things I'd like to write.

When I brought this up to my boss, his response was pretty close to, "tough". He feels that it is my company's right to take my creations, since they're paying my salary. I got him to agree that I can keep any of my recreational pieces as long as they don't pertain to work, but one of the things I'm thinking of writing would be very helpful to someone in my profession in general, and he said that they would take that out of my hands.

So, now I'm stuck. The project I'd really like to work on is out of bounds, probably forever because I'm sure that my next employer will have the same crappy clause in the contract. And as I've been thinking about other things which interest me, it occurs to me that there would be enough things about them that they could become interested in those projects as well, if not in whole, then in part enough to render the remainder of the software useless. How the heck do I get the freedom to work on the projects I'd like to work on without the fear of it all being taken away from me on a whim? Do I just give up and get other hobbies? I'm angry and confused at this point, and I'm not sure when I'll get around to signing my contract at this point.

2 comments:

Anonymous said...

Contracts are two edged sword.

In my work experience I have always been an at will employee. I have never worked under a contract. I had to sign an employment agreement once, but it was not a contract.

As for recreational activities and the products you might develop, it is complete BS that they think they own everything you might produce.

Now if it based upon or has implications to things for which you were hired and do as part of your employment I can see their point. For example if your job is test widget making software. If you then go and write your own software for making widgets. That is definitely a no no. Because you gained knowledge about widgets that you would otherwise never have had.

Where it gets grey is when you build software to make doodads instead. Would you have been able to develop this software if you hadn't been exposed to the widget software that you test? This is why lawyers get big bucks.

Good luck, you're in a tough situation. If you have an idea for a great product that you want to develop, but may have some conflict talk to a lawyer first before you start any real development.

--ken

Bald Man Tom said...

Thanks Ken. I'm not interested in writing a better widget, because I don't really have any interest in widgets, only in *testing* widgets. While my current job is in testing widgets, my career is in testing in general. So, I'd like to write something that will help me with testing in general. And that's what my current employer has assured me they'd take from me. After all, they hired me to test, so they own anything that I do related to testing (at least in their minds).

I think we have access to legal advice (have to check with The Missus to be sure). I think I'll take your suggestion and check in.

And, no, I haven't signed yet.