My in-laws started a business with a friend and asked me to develop their brand, website, and manage their social media.
2 months prior to them actually employing me, they allowed me to work on building the social media, the logo, website, brand assets. You name it. All to get the ball rolling and get as much engagement as possible before opening day. (I was never compensated for this, as I was promised full time, long term employment, as well as heavy bonuses)
No contract was ever made regarding my scope of work, the rights to the work, or anything involving my employment before or after they legally hired me as an employee.
After 4 months, 4 of the 6 owners voted to fire me due to "lack of funds" apparently, though they admitted to looking at different designers who offered "cheaper rates" to take over. So I'm not too sure what to believe and I'm worried that the owners who aren't my in-laws are going to hire another designer and take all the hard work I did without any type of compensation.
The one owner Garret, had stated he wants me to hand over all of the work I've done for them, including the vast brand development I was never compensated for. I tried to explain to him my rights, but he does not take me seriously. (I know I legally have to give them the files to everything I created post employment.)
There are 6 owners Including my Inlaws. They own 25, Garret owns 50, garrets brother in law owns 25 as well.
Can I legally license out the assets I made during those first two months to just my inlaws since they own 25%? I don't just want to just take the whole company to small claims court because that would also involve my in-laws. But I also do not want to just hand my hard work over without proper compensation.
Main Legal Issues:
Uncompensated work done prior to formal employment
Lack of a contract outlining scope of work, rights to work, and employment terms
Dispute over ownership and compensation for work done
Questions Answered:
Legally, without a contract in place, the work you did prior to formal employment may not have clear ownership rights. However, you may have certain rights under intellectual property laws depending on the circumstances.
If the owners decide to hire another designer and use your work, you may have a claim for intellectual property infringement or breach of an implied contract.
Licensing out the assets you created to just your in-laws may be possible if they agree to it, but it could lead to further disputes with the other owners.
Potential Strategies:
Negotiate with the owners: Try to reach a settlement with the owners, especially your in-laws, to license out the assets you created for fair compensation.
Consult with an intellectual property attorney: Get legal advice on your rights regarding the work you created and potential claims you may have against the owners.
Consider mediation or arbitration: If negotiations fail, alternative dispute resolution methods like mediation or arbitration could help resolve the issue without going to court.
Things to Discuss with a Lawyer:
Ownership rights: Clarify who owns the work you created and what rights you have to it, especially in the absence of a contract.
Intellectual property protection: Discuss how to protect your intellectual property rights and what legal actions you can take if they are infringed upon.
Legal options: Explore the legal options available to you, including potential claims for compensation or damages against the owners.
Always consult with a lawyer.
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