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philip.simmons
philip.simmons, Lawyer
Category: California Employment Law
Satisfied Customers: 33079
Experience:  Attorney
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I was an employee at a store. I created a whole bunch of

Customer Question

Hello,
I was an employee at a store. I created a whole bunch of signage and collateral used for merchandise sales as well as being used on their web site. I ws never paid for the collateral, and just landed it to them. I have been fired for cause. Can they still use my signage and web material?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  philip.simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

They can...that is, the law in CA is quite clear on this point, any work performed by an employee, for an employer, belongs to the employer.

If you created the signage while employed by the company, they own the "rights" to this work.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can claim copyright over this material, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
I created this collateral on my own time, and not directed to by the employer. I did it to make my job easier.
Expert:  philip.simmons replied 11 months ago.

thank you

If you made it on your own time? You can claim "rights" to it. You can demand they stop using...and if they refuse, you could hire lawyer and sue them in federal court.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  philip.simmons replied 11 months ago.

Hi, I see you are requesting a phone call. Happy to do so, but I can not make the call until tomorrow. If that will suffice, I can give a call, most anytime tomorrow.

Customer: replied 11 months ago.
No thanks, ***** ***** where this is headed... Thanks for your time
Expert:  philip.simmons replied 11 months ago.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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