Legal matter

[EL Nica PE]

Ok. here is the scenario..

I have friend that used to do alot of programming... The other day he encounterd

his old boss and he accussed him of using one of his program that he( my friend) wrote, while working for the old company to do calculation for one his project. The old boss is thinking of pursuing legal action. My friend never signed any legal manbo about not being able to use his own programs. He took upon himself to write the program. He spend alot of his own time writing the program and company time also.

 

[Blu1913]

I tell the old boss to go ahead and sue me. If he didnt sign a no-compete form, and did it on his own time, his old boss can stick it up his butt.

 

[EL Nica PE]

I tell the old boss to go ahead and sue me. If he didnt sign a no-compete form, and did it on his own time, his old boss can stick it up his butt.

Thank Blu,

I need to add that this job was with the state....

and know his treating my friend with calling his new empleyor

and letting know about this..

 

[Blu1913]

Well, if he does call his new employer your friend can probably sue him. I'm no lawyer, but that would be bordering on defimation of character.

Does the old employer have a license for this program your buddy came up with? Did he ever get it copyrighted or patented? If not, he can really stick it up his butt.

Also, Im not sure where the state part came in. He works for the state now, and worked for this jerk before? If thats the case, the state law department might defend him, as he is an employee. Dunno for sure tho....

Now if its the other way around, information put out by the state is public information. I've written many complicated spreadsheets, much on my own time, that are on my computer at work. If someone knew and really wanted one, they could get it from me by law, and I would have to give it to them after following the proper records request. Therefore if your buddy did this programming for the state, I dont think they can "own" it.

If you give me a clearer and more detailed discription (something i can copy and paste in an email), I could throw it at my lawyer buddy who works for our City Law department. He could give me his legal opinion and I could pass it on...

 

[DVINNY]

interesting.

I think some past co-workers have stole my method of sleeping sitting up with my eyes open, glarring at the monitor.

I need to sue.

 

[3gorgesdam]

are they going to sue for using their computer to pay bills or surfing online?

 

[udpolo15]

I wouldn't be so quick to say the old boss is wrong. My understanding is as follows;

You friend work in the private sector with the Old Boss

He now works for the State and is using a program he developed in the private sector with the old boss.

If that is right, my take is as follows:

I would have to say that is this program was created at his old job, on company time and equipment, I would say the company owns some rights to it. If he took that product developed at worked and improved it on his own time might complicate the issue, but I don't think that gives him all rights to the program.

I know I signed something when I started at my company and I am pretty sure it is in the my handbook, that anything I develop, patent, create, etc... is property of my company.

Regardless, I am not sure if the old boss is incurring any damages since the private and public entities are usually not in competition with each other, unless your friend has made this program available to some of the old company?s competitors.

I am not a lawyer, but I did stay at a holiday inn express last night.

 

[EL Nica PE]

thanks udpolo15,

But you have the problem backwards. My friend used to work for the state and now he work for a private company, this ompany is doing bussines with state and my freind used the program to submitt calculations to the state. Now the state use this program internally, but has not release it to the public.

 

[DVINNY]

are they going to sue for using their computer to pay bills or surfing online?

I don't pay bills, but a 'little bit' of surfin' goes on. LOL.