What to do about a copyright and wrongful termination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a copyright and wrongful termination?
I presented a programmatic process I designed to a business and was hired to oversee it and implement it. I recently copyrighted it, on the basis I wrote it prior to this company extending an offer. I now feel that I am about to be terminated, despite no prior warning or even verbal reprimand. Earlier, I was asked to hire my boss self-described best friend and feel my boss is moving toward firing me and replacing me with this person. The program has succeeded in growing business. Would this be considered wrongful termination? Am I correct in assuming sole authorship copyright of this program as intellectual property, as I developed it prior to hire?
Asked on July 16, 2019 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) The default law of this nation is "employment at will": i.e. that there is no right to a job, and hence no such such as "wrongful termination" unless a) a written employmet contact is violated, or b) there is illegal class- or group-based discrimination going on (such as discrimination against someone due to their race, color, national origin, age 40 or over, religion, sex, or disability). So it is most likely not legally actionable "wrongful termination," even if arguably it is unfair or morally wrong. Basically, unless you have a written contract to the contrary, you can be terminated at any tim e, for any reason, even unfair ones.
2) As to the copyright issue: much depends on the exact time frame: if principal development was done after you were an employee, for example, the program and rights thereto belong to your employer. You may neeed to discuss the matter in detail with a IP (intellectual property) employee to understand your rights and what, if anything, you own.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.