Password rights

[Steelers1]

If my employer were to choose to fire me, then would I be legally bound to provide them with the administrative passwords to the solutions that I have created? The existing solutions would be completely viable without the admin password, they simply would not be able to alter it or worse sell it without the password. Any ideas?

[Lee Smith]

Why in the world would you want to keep a Admin Password, for a solution that you will no longer have access to? Job security, Ransom, sabotage, harassment???

Lee

[Steelers1]

Actually my original post sounds pretty harsh doesn't it? The truth is that I was brought on board with a company as an In House Developer and now that they are seeing the benefits of the systems and process improvements that are incorporated in my solutions, they realize the market potential. They refuse to enter into an agreement about any possibilities for external sales and now they have been meeting secretly with outside parties developing marketing plans to sell the solutions. How come I keep getting the feeling that when the music stops, I am going to be the one without a chair?

[Fitch]

Nobody here is going to dispense legal advice. That said, it sounds like your solutions would fall under "work for hire" which rules that any work that you did for an employer belongs to the employer.

Edited February 14, 2008 by Guest
Sorry Lee, I meant to respond to the OP, not you.

[Steelers1]

I imagine that it would have been wise to draw some agreement up front clarifying things, but at that stage, they would have thought that I was crazy thinking that some systems might some day have market potential. :

[Lee Smith]

I agree with Tom.

I would only add to it, that this should be a lessen learned, and you should move on. As far as the Admin Information, I would gleefully give it to them, and offer my services for upgrades, and improvements in the future, which of course, would submit a competitive bid for, and would be happy to provide this service under contact so that all parties are protect. That way, everyone knows what is expect as to cost, term of development, training, etc..

There are some sample contract available, and I have also purchased a couple of books on the subject to assist me in the preparation. As a party to the contract,

Do not discount your knowledge and ability to do the job.

Do not be embarrassed about wanting a contract.

Do not flinch at what to charge for the work.

A good contract benefits all parties. Take a look at a good one, and leaves nothing to chance.

Hope this gets you going.

Lee

[David McQueen]

You have said it yourself - You are an employee. At law, that makes you a servant and all work you do is Work For Hire. But I would not be too hard on yourself.

1. You have to cut your development chops somewhere and under the security of a salary is not a bad place.

2. If they are marketing it, you are better than you thought you were. "There is nothing like validation for the nation".

3. If you can build one for them, you can build other systems in "your spare time". Just make sure that it is "In your spare time", on your computer, with your version of FileMaker Pro at your location and that it does not leave you exposed to stealing trade secrets from your employer.

4. When and if you leave, you can definitely be their consultant if you have not burned your bridges. And yes, at that time, you get to call the hourly wage rate, not them.