PIP'd by defense company for defunct DoD policy

[Prometheus]

Jurisdiction

Arizona

Not sure if anything can be done. Had a mid year review, which had some "concerns" from remote management not on site. Addressed every single "concern" verbally and written. In fact, local management said it was "bs" and indicated not to worry, that they were happy with the work production. This company is broken down between local mgt and remote (corp hq) wherein employees from an HR perspective fall under the corp perspective. In any event, I thought everything was answered and satisfactory.

Two weeks later I get a surprise video call with the HR and remote mgt. indicating that they are PIPing me for failure to get a DoD required cert, which the onsite mgr gave me until the end of the year to accomplish and even then there was questions trying to be resolved if it was even required anymore. In addition, the "concerns" initially brought up two weeks prior were part of the PIP, those same "concerns" that local mgt said was "bs".

Due to making the work environment unbearable, wherein the remote mgt wanted me to provide every single aspect of what I was doing, via email cc's, time in, all communications, everything - literally every single minute of what I was doing, I decided to resign due the pressure and how it was affecting my health.

My question is, is it legal, or can anything be done for the following:

1. The PIP specifies a DoD cert requirement that is defunct and has been for most of the year, in fact, I have actual documentation from DoD reps. specifying it is "illegal" for a company to reference a policy they consider null and void, and that was superseded by a completely new set with different obligations.

2. I produced significant artwork (not my job at all - nor my duties for this role) for this program locally (which will be used nationally), using my time, resources, and equipment and was never compensated for it, nor do I have anything in writing between myself and them stipulating that they own it. Do I legally own the artwork and if so how do I get them to either 1) pay me for infringement or 2) cease and desist? - and or both?

In the end, I realize that I ruffled some feathers remotely, and this was the method to force me out. However, if legal remedy exists in any way, I would like to know what my options, if any, are.

 

[adjusterjack]

There's nothing you can do about the negative employment situation. You're a victim of piss poor management. Been there, done that.

It may be unbearable to you but that doesn't make it a hostile work environment within the legal definition (google it).

When employment is "at will" the employer can make draconian performance standards and terminate your employment if you didn't meet the standards. There would be no recourse.

The artwork created while employed is the property of your employer.

You can check the validity of my comments by consulting an employment attorney and an intellectual property attorney.

My advice (based on 40 years in the working world) is polish up your resume and seek employment elsewhere. You're in a no-win situation.

 

[welkin]

I decided to resign due the pressure and how it was affecting my health.

You did exactly what corporate management wanted you to do, that is quit. When you quit, your employer doesn't have to pay you anything and you are not eligible for unemployment of which (otherwise) your employer is required to pay to the state a portion of the amount.

A PIP, more often than not, is a way to get rid of an employee. The employer places unattainable requirements on the employee. The employee fails or in your case, quits.

Your artwork, while employed, is called work for hire and the employer is considered the author not you.

For legal purposes, when a work is a "work made for hire," the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.

 

[Prometheus]

Thanks. With regarding the artwork, it was done on my own time, not at work, and I was not compensated for it. I was not hired to create the work, it was something that was outside my job duties completely (night and day). I just wanted to clarify that. Thanks again.

PS. - clearances are involved, not going to get fired and have that ruin my future career. Thus the reason for quitting.

 

[Zigner]

Thanks. With regarding the artwork, it was done on my own time, not at work, and I was not compensated for it. I was not hired to create the work, it was something that was outside my job duties completely (night and day). I just wanted to clarify that. Thanks again.

PS. - clearances are involved, not going to get fired and have that ruin my future career. Thus the reason for quitting.

How did they get access to the artwork?

 

[Prometheus]

I sent them a copy from my email to theirs. Thanks.

 

[Zigner]

I sent them a copy from my email to theirs. Thanks.

For what purpose?

 

[Prometheus]

For a shirt design one of the managers wanted to see how it looked. Now they are slapping it on emails, shirts, mugs, everything...

 

[adjusterjack]

Given the additional information that you presented I suggest you have a consultation with an intellectual property attorney.

No guarantees but I would do it rather than not do it.

 

[zddoodah]

I produced significant artwork (not my job at all - nor my duties for this role) for this program locally (which will be used nationally), using my time, resources, and equipment and was never compensated for it, nor do I have anything in writing between myself and them stipulating that they own it. Do I legally own the artwork and if so how do I get them to either 1) pay me for infringement or 2) cease and desist? - and or both?

With regarding the artwork, it was done on my own time, not at work, and I was not compensated for it. I was not hired to create the work, it was something that was outside my job duties completely (night and day).

I sent them a copy from my email to theirs.

For a shirt design one of the managers wanted to see how it looked. Now they are slapping it on emails, shirts, mugs, everything...

First of all, based on what you've written, the commenter who said the artwork is a work-for-hire owned by your former employer appears to be dead wrong.

That said, I'm a little confused. You say that you created this artwork on your own time, using your own resources. Was it 100% original artwork? Or did it incorporate company logos or anything of that sort?

My biggest questions are as follows: First, you wrote that you emailed the artwork to someone you identified only with pronouns. To whom did you send it? I'm guessing your supervisor. Maybe? Regardless, how did the person to whom you emailed it become aware of this artwork that you said you created on your own time and using your own resources? Did he/she request that you send it to him/her?

Second, did you, at any point, whether verbally or by email, give express permission for the artwork to be used for any purpose? If so, what exactly did you say (as best as you can remember if it was verbal or quote it if in writing)?

 

[Prometheus]

Thanks. So the manager showed me a patch from a previous "program" that was sunsetting. This was a new one. They asked if I new anything about digital artwork and I said yes. They asked if I could possibly make something. I said sure, when I have some spare time. Completely, 100% original, I have all the raw files. No company logos. Yes, this was sent to one of the onsite managers. After producing it I showed it to them via sending it from my personal email address to their company email addy. Yes, I produced it on my own time, using my own resources, I was not paid for it nor compensated in any form. Nor was this a duty I was hired to do or inline with my duty. I sent it to them once I completed it. No, I never gave them permission to use the art work for any purpose. Thx

 

[zddoodah]

Then a C&D letter and/or demand for a formal licensing arrangement would be appropriate.

 

[welkin]

First of all, based on what you've written, the commenter who said the artwork is a work-for-hire owned by your former employer appears to be dead wrong.

The quote comes from the US Copyright office website page 1, paragraph 1.

https://www.copyright.gov/circs/circ30.pdf

Your artwork, while employed, is called work for hire and the employer is considered the author not you.

Maybe wrong but not dead wrong. I took OP's post to say that she did it for her employer while employed as part of her job. Me bad.

 

[Prometheus]

Then a C&D letter and/or demand for a formal licensing arrangement would be appropriate.

Is this something I should do on my own, or should I get an atty? Dont really want to spend money on something that I could spend elsewhere. Any templates? Any idea what license costs would be from an industry standard? Thanks.