Can a significant change in incentives void an employment contract?Big corporation in the UK, Intellectual Property and a ContractIntellectual Property of a bankrupt companyCan prices change in the middle of a contractCan a minor legally sign an employment contract?Contract change after both parties signCan employer claim ownership of intellectual property made while not at work?Can a business unilaterally change a contract?Legality of employment contract clause - Training reimbursementAnnual Contract of employment with the same employerAssignment of Inventions in Employment Contract for Software Development
How can Trident be so inexpensive? Will it orbit Triton or just do a (slow) flyby?
Should I install hardwood flooring or cabinets first?
Create all possible words using a set or letters
Is it improper etiquette to ask your opponent what his/her rating is before the game?
Is camera lens focus an exact point or a range?
Are sinusoidal travelling waves also normal modes of vibration?
Can somebody explain Brexit in a few child-proof sentences?
Melting point of aspirin, contradicting sources
Indicating multiple different modes of speech (fantasy language or telepathy)
Some numbers are more equivalent than others
Visiting the UK as unmarried couple
Open a doc from terminal, but not by its name
Has Darkwing Duck ever met Scrooge McDuck?
Did US corporations pay demonstrators in the German demonstrations against article 13?
Can not upgrade Kali,not enough space in /var/cache/apt/archives
Engineer refusing to file/disclose patents
Two-sided logarithm inequality
Fuse symbol on toroidal transformer
On a tidally locked planet, would time be quantized?
Drawing a topological "handle" with Tikz
How to decide convergence of Integrals
If a character with the Alert feat rolls a crit fail on their Perception check, are they surprised?
Can we have a perfect cadence in a minor key?
Can the Supreme Court overturn an impeachment?
Can a significant change in incentives void an employment contract?
Big corporation in the UK, Intellectual Property and a ContractIntellectual Property of a bankrupt companyCan prices change in the middle of a contractCan a minor legally sign an employment contract?Contract change after both parties signCan employer claim ownership of intellectual property made while not at work?Can a business unilaterally change a contract?Legality of employment contract clause - Training reimbursementAnnual Contract of employment with the same employerAssignment of Inventions in Employment Contract for Software Development
Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all intellectual property they develop, regardless of work hours, belongs to the company.
The company also recently slashed the incentive program that the employee has been generating a significant amount of their income from. (A quick estimate provided a $60k/year difference in income for said employee.)
Since the employee only spent their off hours developing this intellectual property for the obviously significant incentive money, is the employee entitled to any compensation or the right to retain the property?
Since I don't have the actual contract I will simply assert for the purpose of this question that the contract has no stipulations regarding this.
As I am in the United States myself, I am mostly concerned with answers from the US. However, I would be interested to hear how this would be handled elsewhere as well.
contract-law intellectual-property
asked 3 hours ago
bruglescobruglesco
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all intellectual property they develop, regardless of work hours, belongs to the company.
The company also recently slashed the incentive program that the employee has been generating a significant amount of their income from. (A quick estimate provided a $60k/year difference in income for said employee.)
Since the employee only spent their off hours developing this intellectual property for the obviously significant incentive money, is the employee entitled to any compensation or the right to retain the property?
Since I don't have the actual contract I will simply assert for the purpose of this question that the contract has no stipulations regarding this.
As I am in the United States myself, I am mostly concerned with answers from the US. However, I would be interested to hear how this would be handled elsewhere as well.
contract-law intellectual-property
asked 3 hours ago
bruglescobruglesco
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Of course not? This is something you can easily Google for...
– Andy Ray
2 hours ago
2
@AndyRay Citation needed? At least in California blanket assignments of IP to the employer may be unenforceable. I think in other states it requires compensation. Which leads to the question here: if the company unilaterally changes the compensation, does it void the previous agreement.
– Charles E. Grant
2 hours ago
add a comment |
Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all intellectual property they develop, regardless of work hours, belongs to the company.
The company also recently slashed the incentive program that the employee has been generating a significant amount of their income from. (A quick estimate provided a $60k/year difference in income for said employee.)
Since the employee only spent their off hours developing this intellectual property for the obviously significant incentive money, is the employee entitled to any compensation or the right to retain the property?
Since I don't have the actual contract I will simply assert for the purpose of this question that the contract has no stipulations regarding this.
As I am in the United States myself, I am mostly concerned with answers from the US. However, I would be interested to hear how this would be handled elsewhere as well.
contract-law intellectual-property
asked 3 hours ago
bruglescobruglesco
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all intellectual property they develop, regardless of work hours, belongs to the company.
The company also recently slashed the incentive program that the employee has been generating a significant amount of their income from. (A quick estimate provided a $60k/year difference in income for said employee.)
Since the employee only spent their off hours developing this intellectual property for the obviously significant incentive money, is the employee entitled to any compensation or the right to retain the property?
Since I don't have the actual contract I will simply assert for the purpose of this question that the contract has no stipulations regarding this.
As I am in the United States myself, I am mostly concerned with answers from the US. However, I would be interested to hear how this would be handled elsewhere as well.
contract-law intellectual-property
contract-law intellectual-property
asked 3 hours ago
bruglescobruglesco
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 3 hours ago
bruglescobruglesco
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 3 hours ago
bruglescobruglesco
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 3 hours ago
bruglescobruglesco
1564
asked 3 hours ago
bruglescobruglesco
1564
1564
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
bruglesco is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Of course not? This is something you can easily Google for...
– Andy Ray
2 hours ago
2
@AndyRay Citation needed? At least in California blanket assignments of IP to the employer may be unenforceable. I think in other states it requires compensation. Which leads to the question here: if the company unilaterally changes the compensation, does it void the previous agreement.
– Charles E. Grant
2 hours ago
add a comment |
Of course not? This is something you can easily Google for...
– Andy Ray
2 hours ago
2
@AndyRay Citation needed? At least in California blanket assignments of IP to the employer may be unenforceable. I think in other states it requires compensation. Which leads to the question here: if the company unilaterally changes the compensation, does it void the previous agreement.
– Charles E. Grant
2 hours ago
Of course not? This is something you can easily Google for...
– Andy Ray
2 hours ago
Of course not? This is something you can easily Google for...
– Andy Ray
2 hours ago
2
2
@AndyRay Citation needed? At least in California blanket assignments of IP to the employer may be unenforceable. I think in other states it requires compensation. Which leads to the question here: if the company unilaterally changes the compensation, does it void the previous agreement.
– Charles E. Grant
2 hours ago
@AndyRay Citation needed? At least in California blanket assignments of IP to the employer may be unenforceable. I think in other states it requires compensation. Which leads to the question here: if the company unilaterally changes the compensation, does it void the previous agreement.
– Charles E. Grant
2 hours ago
add a comment |
1 Answer
1
active
oldest
votes
Can a significant change in incentives void an employment contract?
Yes, because a party's unilateral, significant imposition which the counterparty did not expect strikes the premise of a contract/agreement being entered knowingly and willfully.
The contract clause regarding an employee's off-work hours might be unenforceable as unconscionable, more so where the incentive being slashed represents a significant portion of an employee's income (since it reflects that the employee's salary is not that high).
is the employee entitled to any compensation or the right to retain
the property?
Yes, but the applicable alternative --compensation vs. withholding the IP-- depends on what agreement the employee reaches with the employer.
I presume what prompts this part of your question is the mention --in the Workplace SE post-- that the engineer rejected the employer's bid (offer is somewhat of a misnomer) of $25,000 for the employee's off-work IP.
The engineer's reluctance is rightfully cautious. Prior to accepting the employer's proposal, it is in the engineer's best interest to ensure (with enough specificity in a new contract) the terms and conditions of that proposal, lest the employer subsequently argue that the payment of $25,000 encompassed any and all subsequent IP produced by the employee during his employment there.
Likewise, insufficient caution by the engineer regarding the aforementioned proposal may permit a finding that the parties' subsequent conduct reflects the engineer's acceptance of the new conditions (including the slashed incentives).
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
add a comment |
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "617"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
bruglesco is a new contributor. Be nice, and check out our Code of Conduct.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
var $window = $(window),
onScroll = function(e)
var $elem = $('.new-login-left'),
docViewTop = $window.scrollTop(),
docViewBottom = docViewTop + $window.height(),
elemTop = $elem.offset().top,
elemBottom = elemTop + $elem.height();
if ((docViewTop elemBottom))
StackExchange.using('gps', function() StackExchange.gps.track('embedded_signup_form.view', location: 'question_page' ); );
$window.unbind('scroll', onScroll);
;
$window.on('scroll', onScroll);
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38379%2fcan-a-significant-change-in-incentives-void-an-employment-contract%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
Can a significant change in incentives void an employment contract?
Yes, because a party's unilateral, significant imposition which the counterparty did not expect strikes the premise of a contract/agreement being entered knowingly and willfully.
The contract clause regarding an employee's off-work hours might be unenforceable as unconscionable, more so where the incentive being slashed represents a significant portion of an employee's income (since it reflects that the employee's salary is not that high).
is the employee entitled to any compensation or the right to retain
the property?
Yes, but the applicable alternative --compensation vs. withholding the IP-- depends on what agreement the employee reaches with the employer.
I presume what prompts this part of your question is the mention --in the Workplace SE post-- that the engineer rejected the employer's bid (offer is somewhat of a misnomer) of $25,000 for the employee's off-work IP.
The engineer's reluctance is rightfully cautious. Prior to accepting the employer's proposal, it is in the engineer's best interest to ensure (with enough specificity in a new contract) the terms and conditions of that proposal, lest the employer subsequently argue that the payment of $25,000 encompassed any and all subsequent IP produced by the employee during his employment there.
Likewise, insufficient caution by the engineer regarding the aforementioned proposal may permit a finding that the parties' subsequent conduct reflects the engineer's acceptance of the new conditions (including the slashed incentives).
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
add a comment |
Can a significant change in incentives void an employment contract?
Yes, because a party's unilateral, significant imposition which the counterparty did not expect strikes the premise of a contract/agreement being entered knowingly and willfully.
The contract clause regarding an employee's off-work hours might be unenforceable as unconscionable, more so where the incentive being slashed represents a significant portion of an employee's income (since it reflects that the employee's salary is not that high).
is the employee entitled to any compensation or the right to retain
the property?
Yes, but the applicable alternative --compensation vs. withholding the IP-- depends on what agreement the employee reaches with the employer.
I presume what prompts this part of your question is the mention --in the Workplace SE post-- that the engineer rejected the employer's bid (offer is somewhat of a misnomer) of $25,000 for the employee's off-work IP.
The engineer's reluctance is rightfully cautious. Prior to accepting the employer's proposal, it is in the engineer's best interest to ensure (with enough specificity in a new contract) the terms and conditions of that proposal, lest the employer subsequently argue that the payment of $25,000 encompassed any and all subsequent IP produced by the employee during his employment there.
Likewise, insufficient caution by the engineer regarding the aforementioned proposal may permit a finding that the parties' subsequent conduct reflects the engineer's acceptance of the new conditions (including the slashed incentives).
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
add a comment |
Can a significant change in incentives void an employment contract?
Yes, because a party's unilateral, significant imposition which the counterparty did not expect strikes the premise of a contract/agreement being entered knowingly and willfully.
The contract clause regarding an employee's off-work hours might be unenforceable as unconscionable, more so where the incentive being slashed represents a significant portion of an employee's income (since it reflects that the employee's salary is not that high).
is the employee entitled to any compensation or the right to retain
the property?
Yes, but the applicable alternative --compensation vs. withholding the IP-- depends on what agreement the employee reaches with the employer.
I presume what prompts this part of your question is the mention --in the Workplace SE post-- that the engineer rejected the employer's bid (offer is somewhat of a misnomer) of $25,000 for the employee's off-work IP.
The engineer's reluctance is rightfully cautious. Prior to accepting the employer's proposal, it is in the engineer's best interest to ensure (with enough specificity in a new contract) the terms and conditions of that proposal, lest the employer subsequently argue that the payment of $25,000 encompassed any and all subsequent IP produced by the employee during his employment there.
Likewise, insufficient caution by the engineer regarding the aforementioned proposal may permit a finding that the parties' subsequent conduct reflects the engineer's acceptance of the new conditions (including the slashed incentives).
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
Can a significant change in incentives void an employment contract?
Yes, because a party's unilateral, significant imposition which the counterparty did not expect strikes the premise of a contract/agreement being entered knowingly and willfully.
The contract clause regarding an employee's off-work hours might be unenforceable as unconscionable, more so where the incentive being slashed represents a significant portion of an employee's income (since it reflects that the employee's salary is not that high).
is the employee entitled to any compensation or the right to retain
the property?
Yes, but the applicable alternative --compensation vs. withholding the IP-- depends on what agreement the employee reaches with the employer.
I presume what prompts this part of your question is the mention --in the Workplace SE post-- that the engineer rejected the employer's bid (offer is somewhat of a misnomer) of $25,000 for the employee's off-work IP.
The engineer's reluctance is rightfully cautious. Prior to accepting the employer's proposal, it is in the engineer's best interest to ensure (with enough specificity in a new contract) the terms and conditions of that proposal, lest the employer subsequently argue that the payment of $25,000 encompassed any and all subsequent IP produced by the employee during his employment there.
Likewise, insufficient caution by the engineer regarding the aforementioned proposal may permit a finding that the parties' subsequent conduct reflects the engineer's acceptance of the new conditions (including the slashed incentives).
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
edited 1 hour ago
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
answered 2 hours ago
Iñaki ViggersIñaki Viggers
9,89321228
9,89321228
add a comment |
add a comment |
bruglesco is a new contributor. Be nice, and check out our Code of Conduct.
bruglesco is a new contributor. Be nice, and check out our Code of Conduct.
bruglesco is a new contributor. Be nice, and check out our Code of Conduct.
bruglesco is a new contributor. Be nice, and check out our Code of Conduct.
Thanks for contributing an answer to Law Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
var $window = $(window),
onScroll = function(e)
var $elem = $('.new-login-left'),
docViewTop = $window.scrollTop(),
docViewBottom = docViewTop + $window.height(),
elemTop = $elem.offset().top,
elemBottom = elemTop + $elem.height();
if ((docViewTop elemBottom))
StackExchange.using('gps', function() StackExchange.gps.track('embedded_signup_form.view', location: 'question_page' ); );
$window.unbind('scroll', onScroll);
;
$window.on('scroll', onScroll);
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38379%2fcan-a-significant-change-in-incentives-void-an-employment-contract%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
var $window = $(window),
onScroll = function(e)
var $elem = $('.new-login-left'),
docViewTop = $window.scrollTop(),
docViewBottom = docViewTop + $window.height(),
elemTop = $elem.offset().top,
elemBottom = elemTop + $elem.height();
if ((docViewTop elemBottom))
StackExchange.using('gps', function() StackExchange.gps.track('embedded_signup_form.view', location: 'question_page' ); );
$window.unbind('scroll', onScroll);
;
$window.on('scroll', onScroll);
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
var $window = $(window),
onScroll = function(e)
var $elem = $('.new-login-left'),
docViewTop = $window.scrollTop(),
docViewBottom = docViewTop + $window.height(),
elemTop = $elem.offset().top,
elemBottom = elemTop + $elem.height();
if ((docViewTop elemBottom))
StackExchange.using('gps', function() StackExchange.gps.track('embedded_signup_form.view', location: 'question_page' ); );
$window.unbind('scroll', onScroll);
;
$window.on('scroll', onScroll);
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
var $window = $(window),
onScroll = function(e)
var $elem = $('.new-login-left'),
docViewTop = $window.scrollTop(),
docViewBottom = docViewTop + $window.height(),
elemTop = $elem.offset().top,
elemBottom = elemTop + $elem.height();
if ((docViewTop elemBottom))
StackExchange.using('gps', function() StackExchange.gps.track('embedded_signup_form.view', location: 'question_page' ); );
$window.unbind('scroll', onScroll);
;
$window.on('scroll', onScroll);
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Of course not? This is something you can easily Google for...
– Andy Ray
2 hours ago
2
@AndyRay Citation needed? At least in California blanket assignments of IP to the employer may be unenforceable. I think in other states it requires compensation. Which leads to the question here: if the company unilaterally changes the compensation, does it void the previous agreement.
– Charles E. Grant
2 hours ago