I started work at a wholesale liquidation company about five years here in California, at the time it was a small "mom and pop" organization. They were experimenting with selling goods on ebay, I was hired to post ebay listings. Having had a strong background in information technology (computers) and logistics (warehouse management) I saw that the company would benefit greatly if it replaced the paper based methods it had always used for business with computer based systems during the first couple of weeks of my employment.
Since I enjoy writing computer programs as a hobby and wanted to further my experience with one of the newer languages, I set about creating a website that would solve problems similar to the one my employer was facing. After a few weeks of work spent on the website (all in my own time at home), I showed it to one of my coworkers who was so impressed he brought his manager over to look at it who subsequently bought his own superiors to see the website I created. The role I had it the company was switched from sales to IT to becoming their first software engineer to further develop the website and create tools more specific to my employer.
Fast forward four years, I was now the chief technology officer and thanks to the use of the website my employer had grown exceedingly successful and was able to secure a number of large nation wide contracts. Their success had attracted the attention of a larger competitor on the east coast. Who eventually bought my company, since the move seams largely to eliminate competition most of my coworkers were given small severance packages and laid off. The new company had no interest in any of the system I created for the old company and after helping to migrate the data from my old employer's systems to the new company over 6 months I myself was laid off this past July.
I was initially asked to sign a release that I was told was required to get a severance package on the upcoming Friday. Instead of receiving the promised severance I was told I needed to sign further documents; an extended release of claims and complete a prior works and inventions inventory. On the inventory among other things, I included my work specifically pertaining to work done (website included) for my prior employer (the one this company bought).
After about a week I got another call saying that my inventory was unacceptable as they claimed they ownership of everything I may have creating during my employment at either company regardless of if it was on the job or off and thus the prior works and inventions inventory should be blank; unfortunately for them I never signed any such agreement. After speaking to their lawyer and further explaining to them how the website came to be and how I used components of other outside projects that I had worked on. I consulted a lawyer who said I would probably have a good case for royalty or leasing fees (but if they aren't going to use the software, how would that be worthwhile for me?). I retracted my release of claims and after a few weeks (an investigation on there part I would assume) the company called me back saying they would like to settle the disagreement and asked for suggestions that I would work for me.
I suggested to them that we come up with an agreement that they may use the systems I made for free for five year as long as they did not modify the code or resale it (at the end of the five years they remove the system software or we come up with another agreement), or they may just buy them from me out right by doubling my severance (more of a formality than anything, since I felt they were trying to strong arm me). They opted to buy the system out right and had me fill out updated release of claims and a new prior works and inventions inventory; stating that I give them ownership of anything I created that the company has used and any related non works for hire. I then go out of my way to list things that never in the slightest fashion have anything to do with the company or were even run by myself on the computers there, nor were on the original list.
Again after a few weeks I get a phone call saying that the new prior works and inventions inventory I filled out must be blank. I ask what is the point of having a prior works and inventions inventory if you want me to lie and leave it blank and I pointed out only two things on the list were created during the years I was employed at either company, a music program and CD burning program. Then went over the list in detail as to what each program was, how and where it was used. They then say they will speak to their lawyer and call me back the next day.
Another week goes by and I get another call saying that I _must_ give them a blank new prior works and inventions inventory or else I will not receive any severance that is their final decision and tell them over the phone I will have to wait two weeks to give them my decision (as they will be unavailable). They refuse to state why or what their lawyer said. So I stated that I believe they are trying to do something unscrupulous and I could not give them an answer without some consideration... And that is where I am now.
So I am looking for advice or suggestions as to what I can/should do or other options that might be open to me.
I am now under the impression that they are just trying to wait me out (it's already past the severance period this severance would have paid for), I don't know what the consequences of giving them a blank prior works and inventions inventory would be (technically wouldn't anything unlisted still belong to me?), but given how badly they want it I can't imagine it would be in my favour. Suggestions? One of the former managers there suggested that I report them to the labour board, but after looking at their website they state that they normally don't handle disagreements over severance since the state only has a few protections (I don't know if this would qualify).
Thanks for reading and any feedback.
Since I enjoy writing computer programs as a hobby and wanted to further my experience with one of the newer languages, I set about creating a website that would solve problems similar to the one my employer was facing. After a few weeks of work spent on the website (all in my own time at home), I showed it to one of my coworkers who was so impressed he brought his manager over to look at it who subsequently bought his own superiors to see the website I created. The role I had it the company was switched from sales to IT to becoming their first software engineer to further develop the website and create tools more specific to my employer.
Fast forward four years, I was now the chief technology officer and thanks to the use of the website my employer had grown exceedingly successful and was able to secure a number of large nation wide contracts. Their success had attracted the attention of a larger competitor on the east coast. Who eventually bought my company, since the move seams largely to eliminate competition most of my coworkers were given small severance packages and laid off. The new company had no interest in any of the system I created for the old company and after helping to migrate the data from my old employer's systems to the new company over 6 months I myself was laid off this past July.
I was initially asked to sign a release that I was told was required to get a severance package on the upcoming Friday. Instead of receiving the promised severance I was told I needed to sign further documents; an extended release of claims and complete a prior works and inventions inventory. On the inventory among other things, I included my work specifically pertaining to work done (website included) for my prior employer (the one this company bought).
After about a week I got another call saying that my inventory was unacceptable as they claimed they ownership of everything I may have creating during my employment at either company regardless of if it was on the job or off and thus the prior works and inventions inventory should be blank; unfortunately for them I never signed any such agreement. After speaking to their lawyer and further explaining to them how the website came to be and how I used components of other outside projects that I had worked on. I consulted a lawyer who said I would probably have a good case for royalty or leasing fees (but if they aren't going to use the software, how would that be worthwhile for me?). I retracted my release of claims and after a few weeks (an investigation on there part I would assume) the company called me back saying they would like to settle the disagreement and asked for suggestions that I would work for me.
I suggested to them that we come up with an agreement that they may use the systems I made for free for five year as long as they did not modify the code or resale it (at the end of the five years they remove the system software or we come up with another agreement), or they may just buy them from me out right by doubling my severance (more of a formality than anything, since I felt they were trying to strong arm me). They opted to buy the system out right and had me fill out updated release of claims and a new prior works and inventions inventory; stating that I give them ownership of anything I created that the company has used and any related non works for hire. I then go out of my way to list things that never in the slightest fashion have anything to do with the company or were even run by myself on the computers there, nor were on the original list.
Again after a few weeks I get a phone call saying that the new prior works and inventions inventory I filled out must be blank. I ask what is the point of having a prior works and inventions inventory if you want me to lie and leave it blank and I pointed out only two things on the list were created during the years I was employed at either company, a music program and CD burning program. Then went over the list in detail as to what each program was, how and where it was used. They then say they will speak to their lawyer and call me back the next day.
Another week goes by and I get another call saying that I _must_ give them a blank new prior works and inventions inventory or else I will not receive any severance that is their final decision and tell them over the phone I will have to wait two weeks to give them my decision (as they will be unavailable). They refuse to state why or what their lawyer said. So I stated that I believe they are trying to do something unscrupulous and I could not give them an answer without some consideration... And that is where I am now.
So I am looking for advice or suggestions as to what I can/should do or other options that might be open to me.
I am now under the impression that they are just trying to wait me out (it's already past the severance period this severance would have paid for), I don't know what the consequences of giving them a blank prior works and inventions inventory would be (technically wouldn't anything unlisted still belong to me?), but given how badly they want it I can't imagine it would be in my favour. Suggestions? One of the former managers there suggested that I report them to the labour board, but after looking at their website they state that they normally don't handle disagreements over severance since the state only has a few protections (I don't know if this would qualify).
Thanks for reading and any feedback.
