What are my rights if I just quit a chef job and took all the recipes I developed while there?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I just quit a chef job and took all the recipes I developed while there?
The owner is claiming they are his property and won’t give me my last paycheck until I return them. What are my rights here?
Asked on September 11, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you develop intellectual property while working somewhere as an employee, and developed the intellectual property as part of your job, then yes--it is the employer's property, not yours. Any recipes you develped on the job belong to your employer, not you, and your employer could sue you for monetary damages if you use them elsewhere and/or for a court order barring you from using them.
However, the employer cannot withhold your last paycheck for this reason--the employer must pay you for all work done, but could, as discussed above, take legal action against you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.