I apologize in advance for the length of this question.
The crux of my problem lies in what I would say is an overly ambiguous employment contract.
Background:
In the course of employment I created a software tool as I deemed the ones currently in use by the company woefully inadequate. Its function is to allow quick and easy access to data available by far less convientant means on another website. After a few successful tests I allowed other employees to use this tool as a matter of generosity. The tool was developed entirely by myself, on my own time, using my own equipment/tools, is being hosted on my personal server, and is the sole copy of this tool which has never touched company equipment. The company has not contributed so much as a penny to its development and has provided to relevant training to produce such a work. My position does not involve coding or program design of any kind and is not referenced implicitly or explicitly in my current job description.
I have recently decided to terminate my employment with the company and they insist they are the owners of said tool with the justification stemming from this paragraph in my employment contract:
Return of Documents and Property.
Employee hereby acknowledges and agrees that the
Corporation shall in all events be considered to be the owner of all equipment, files, documents, information
and company vehicle, relating to the business of the Corporation or its customers and accounts, irrespective
of Employee having produced any such files, documents or information. Upon a termination of Employee’s
employment for any reason, Employee or Employee’s estate, as the case may be, shall, at the request of the
Corporation deliver forthwith to the Corporation all files, memoranda, notes, design notes, schematics,
records, reports, materials and other documents, as well as all computer data and files (including all copies
thereof) relating to (i) any and all matters on which Employee worked while employed by the Corporation, or
(ii) the business or accounts of the Corporation, which are then in the possession or control of Employee or
Employee’s estate. Notwithstanding the foregoing, upon a termination of Employee’s employment, Employee
shall be entitled to take with him any printed materials that are in the public domain, provided that the
Corporation shall have the right to inspect and/or duplicate all such materials prior to their leaving the
Corporation’s premises.
So my question (at last) is: What is the likelyhood that contract statement is enforceable to the degree of granting the company ownership?
Thx for your time and indulgence.
The crux of my problem lies in what I would say is an overly ambiguous employment contract.
Background:
In the course of employment I created a software tool as I deemed the ones currently in use by the company woefully inadequate. Its function is to allow quick and easy access to data available by far less convientant means on another website. After a few successful tests I allowed other employees to use this tool as a matter of generosity. The tool was developed entirely by myself, on my own time, using my own equipment/tools, is being hosted on my personal server, and is the sole copy of this tool which has never touched company equipment. The company has not contributed so much as a penny to its development and has provided to relevant training to produce such a work. My position does not involve coding or program design of any kind and is not referenced implicitly or explicitly in my current job description.
I have recently decided to terminate my employment with the company and they insist they are the owners of said tool with the justification stemming from this paragraph in my employment contract:
Return of Documents and Property.
Employee hereby acknowledges and agrees that the
Corporation shall in all events be considered to be the owner of all equipment, files, documents, information
and company vehicle, relating to the business of the Corporation or its customers and accounts, irrespective
of Employee having produced any such files, documents or information. Upon a termination of Employee’s
employment for any reason, Employee or Employee’s estate, as the case may be, shall, at the request of the
Corporation deliver forthwith to the Corporation all files, memoranda, notes, design notes, schematics,
records, reports, materials and other documents, as well as all computer data and files (including all copies
thereof) relating to (i) any and all matters on which Employee worked while employed by the Corporation, or
(ii) the business or accounts of the Corporation, which are then in the possession or control of Employee or
Employee’s estate. Notwithstanding the foregoing, upon a termination of Employee’s employment, Employee
shall be entitled to take with him any printed materials that are in the public domain, provided that the
Corporation shall have the right to inspect and/or duplicate all such materials prior to their leaving the
Corporation’s premises.
So my question (at last) is: What is the likelyhood that contract statement is enforceable to the degree of granting the company ownership?
Thx for your time and indulgence.
Comment