what is the situation wrt. ideas created by employees while employed ? who owns them ?

[ted leslie]

there is no right answer, without more details,
how close is the "product C" to the employers offerings?
what agreements have been signed?

I have seen a posting at a law firm in Canada that says moonlighting is allowed unless employer has document with employee that
states otherwise. This is assuming its not a product on the employeers turf, or, done on employer time, or at their office, etc....

Remember that a company can not stand in the way of any person to make a living (very general rule).
They  (B) has to show  they are damaged by C (or have been or could be (given a reasonable timeframe)).
Or there is a legal agreement to not allow "C". 

There is also the issue of just product vs. IP. IP would be a whole different ball game.
Even if you have explicit moonlighting go ahead from "B", if "C" used IP of "B", you would of course be exposed.

you can probably get it hammered out with a lawyer for 600-1200$ (they accurately state moonlighting rules to you and
provide research of precedence setting cases in past, as well as look at your particular issue).

"B" can always try to sue you, its just whether they win? You just want to make sure if they do, it would be frivolous, 
so you can counter sue, and get a sweet pay day.

-tl

On Mon, 29 Jun 2009 19:23:42 +0000 (UTC)
Peter <plpeter2006-/E1597aS9LQAvxtiuMwx3w at public.gmane.org> wrote:

> The subject says it all. There are places where the employer owns everything.
> What is the situation here ? I was unable to find a coherent answer, only
> discussions so far. I.e. if A works for B and develops a product C independently
> from his 'daytime' work, which he later markets with D or alone, can B claim
> ownership ? 
> 
> thanks,
> 
> Peter
> 
> 
> --
> The Toronto Linux Users Group.      Meetings: http://gtalug.org/
> TLUG requests: Linux topics, No HTML, wrap text below 80 columns
> How to UNSUBSCRIBE: http://gtalug.org/wiki/Mailing_lists
> 


-- 
ted leslie <tleslie-RBVUpeUoHUc at public.gmane.org>
--
The Toronto Linux Users Group.      Meetings: http://gtalug.org/
TLUG requests: Linux topics, No HTML, wrap text below 80 columns
How to UNSUBSCRIBE: http://gtalug.org/wiki/Mailing_lists