Can the work that I do after termination of my employment become intellectual property of my former employee?
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Can the work that I do after termination of my employment become intellectual property of my former employee?
I left a for-profit educational company. My contract with the company
contained a lot on intellectual property and non-competing. While still
working for the company, I applied to present at a professional
conference, and my application was accepted.
The development of the presentation is going to happen completely after
the termination of employment.
Are there any possible legal consequences of my presentation?
Asked on October 7, 2018 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
IF the contract you signed still gives your former employer rights over intellectual property (IP) you develop post-employment,, then--subject to the precise terms of that agreement--the former employer would own your IP, because in that case, you contracted away your rights. But if the contract only applied to IP developed while employed, the former employer would only have rights to it if it could be shown that you in fact developed it (or significant parts of it) while employed or through the use of company resources and materials.
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