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Apr 14, 2023 at 12:34 comment added jwenting @ClementHerreman the justification is usually that a) you used company knowledge and b) the work you did in your private time reduces your productivity in the office (because you're more tired for example). Using company computers and software for private work doesn't even have to come into the equation.
Dec 8, 2011 at 12:06 comment added Clement Herreman @btilly: That sucks :/ The company doesn't buy your work time, buy all your brain output?
Dec 7, 2011 at 23:16 comment added btilly @ClementHerreman It varies by state. In some places, for instance New York State, it is pretty much the default and is definitely enforceable. In others there are protections for the employee.
Dec 7, 2011 at 21:21 comment added Cliff IANAL, but many IP agreements claim IP in four situations: If the work was done on company time, if it used company resources (hardware, software, etc.), if it results from work performed for the employer (possibly by using protected company information -- proprietary algorithms, etc.), or if it is related to any current business of the company or actual or anticipated research or development. The last one is the most vague, as anything could be "anticipated". I'd be interested to hear if anyone has actually been sued for this in a situation other than directly competing with their employer.
Dec 7, 2011 at 17:11 comment added DaveE +1 @Raythal - unless the OP licensed his work to his employer, including it in their projects without notice could have made it a work product. He may have irretrievably contaminated his personal libraries if his company finds out and gets pissy.
Dec 7, 2011 at 17:08 comment added David Thornley The legality of such claims varies from state to state in the US. California and some other states have laws that forbid the company from claiming an employee's unrelated personal work, but the majority don't.
Dec 7, 2011 at 16:14 comment added Woot4Moo A lot of companies try this it is impossible to enforce, on account of almost every contract also states you cannot sue your employer.
Dec 7, 2011 at 14:12 comment added Clement Herreman Claiming works you've done out of your job? Is it possible? I think it must depend on which country you're working in, because as far as I know, this would be illegal in France, even if writen in your contract.
Dec 7, 2011 at 13:53 comment added Ryathal this is definitely worth looking at, there is a reasonably good chance that its already their code according to the contract, and adding it to their code base almost definitely made it their code.
Dec 7, 2011 at 10:49 history answered zeristor CC BY-SA 3.0