Questions about an intellectual property contract at work?
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Questions about an intellectual property contract at work?
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Ok so at my company they gave us new non-compete/confidential information contract to sign. I have signed these in the past but the one we received includes quite a bit about intellectual property. I am an engineer for the company and understand that "my" intellectual property that i came up with at work belongs to the company since i was on the clock. Not a problem. The problem is this contract give the company the rights to anything i create outside of work, without company property for 2 years after my employment. I agree that they have rights to the things i come up with when im working but are they allowed to claim rights to work done on my own time? The company told us to sign it or be fired so my next question is if i don't sign it am i willfully leaving the company? Will this mean i cannot collect unemployment? Also if i were to sign the contract under economic duress would this protect my intellectual property and essentially void the contract? I have told the company that i would sign a contract if they were to eliminate the gray areas in what the have rights to but they have refused. Another clause in this contract states that we must get permission from the company if we wish to work for a competitor. I don't think this is legal in Massachusetts but im not a lawyer and that's why im asking it here. Any help on this topic would be much appreciated since I am stuck for answers right now.
Additional Details
I understand the non-compete side of the contract. The main problem I have is that they are claiming the rights to anything, work/industry related or not. If it clearly defined the intellectual property within the scope of my job it would not be an issue but since it doesnt it essentially gives them rights to anything work related or not.
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Lori
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With the new provision, particularly the provision regarding anything you create outside of work, the company is trying to prevent its employees from spending their own time/resources to create/improve something that could be useful to the your industry, then taking that new creation to a competitor for a higher salary/better benefits.
Non-compete clauses/agreements are common in many industries. Organizations have often prevented employees from working for a competitor within a certain geographic proximity to the first employer.
Arguably, by refusing to sign the new agreement, you are voluntarily leaving your employment and would not be eligible for unemployment benefits. It would be similar to an employer making a new requirement that none of their employees smoke cigarettes. As cigarette smokers are not a "protected class," smokers are not entitled to any special protections in the workplace. If an employee refused to stop smoking, then he/she would be voluntarily leaving their job as they no longer meet the employer's qualifications.
Chances are that the new employment agreement is legal, and enforceable, but you may want to consult your own attorney (preferably one familiar with your industry and/or employment law) to be sure. |
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