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Sticky Valentine
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Tell her to say: "Or what? You'll fire me?"


joe
 

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Premium Member
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10,106 Posts
Gregory Taylor said:
It ain't that simple. If she was an employee of the team, then the team has a good argument that just about everything that she created or worked on while she was an employee that relates to the team belongs to the team. Even if it was "for her own use" and even if she wasn't "specifically paid" to create it. Work papers, computer models, spread sheets, contact lists, etc. can fall into this category. And these rules still apply even the team is disorganized or run by jerks.

While you haven't directly said what "resources" that your wife is concerned about, I would be especially careful in taking/destroying any documents that relate to "customer"/swimmer lists, business opportunties for the team, or vendor information. This includes anything could be used to solicit swimmers from the old club to join a new team that she might create. Harming your ex-employer on the way out the door by spiking their ability carry on, or taking property/information that you can use to set up a competing business is the surest way to get sued.

No specific advice is being offered here, other than to be careful and to err on the side of being a good ex-employee.
I'm not going to offer any advice, either. But, you would be wise to listen to what Mr. Taylor says.

Just to give you a snapshot as to how situations like this can turn ugly, I was involved in a similar case a few years ago, albeit one involving well-heeled litigants who could afford to do a lot of fighting. One of the discovery battles was over whether the person in your wife position had to turn over his home computer to the other side's forensic expert to see what he had on the computer, what he had tried to delete, etc. The case settled before the computer was produced, but based on the applicable case law, I think that it was likely that the court would have forced production of the computer.
 

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Gronk SMASH!
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1,973 Posts
Seems remarkably easy. If they paid her and she allowed them to use something she created to represent them, then they pretty much own the product.

No harm in keeping her copy and using it to re-create/re-brand it should she need it in the future, but it doesn't sound like that's what you're asking.

It sounds like you're asking, "How can my wife screw over her soon-to-be ex-employer and not get in trouble for it?"

The answer to that question is she can't, and why would she want to anyway?
 

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Jerkhard Sirdribbledick
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27,035 Posts
Seriously? Just tell her to move on. Taking *copies* of the docs she created on *their* time is already pushing it, ethically (and legally) speaking.
 

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Shirtcocker
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60,639 Posts
Gregory Taylor said:
I assume that there is no employment contract, etc. with her that spells out the ownership of the documents. If she is being paid or compensated by the swim team, and these documents were created in the course of her work, then they are most likely a "work for hire" and belong to the team. They own the copyright. It might be less clear if she was a volunteer and the team did not compensate her for her work.

If the team has a name or logo that is on the documents, that is potentially a "trademark" of the team and may also be their property, even if she created it.

I might add that destroying or password protecting the documents owned by the team would not be a good move, regardless of whether the team is full of a-holes.
yup...whatever I create while I work for my employer is their property.
 
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