Ethical dilemma

[Daot Lagorille]

Here is my situation:

I have, as part of my full-time company job, developed a little on-line tool (completely single handedly - no one else is involved).

Now, this tool I have made is in no way the product of the company for which I work - it is merely a service facilitation device.

So, I get a call from someone at another company, saying that they like the tool, and can they get their hands on it.

I would LOVE to enter into a separate contract with the other company and develop it for them on my own, however, I am not sure how my company would react to that.

What do you think I should do?

[Aronya1]

I believe that if you develop anything, and the very fact of your employment with a certain company contributed, even indirectly, to your development of that item, it does not belong to you. It belongs to your employer.

For example, if you use this item you developed to help you do the job you are being paid to do, it belongs to your employer.

On the other hand, if you are employed as a babysitter, but develop an Internet application while you are 'sitting', I don't think that belongs to your employer.

I have, as part of my full-time company jobI think you're stuck (I originally used a different word here).

[Sam]

You were already paid to develop this software by your company, so I would say you would need their permission before you contract it elsewhere.

[spufi]

Unless I'm misreading what you wrote, I'm going to agree with what the others have stated. If it's something you developed during work, and/or for work, then it is owned by your company. Back in my computer contracting days, the company I worked for had me sign a contract saying anything I created even on my own personal computer was owned by them. This covered themselves in case I worked at home.

[Daot Lagorille]

Thanks gang - very helpful.

I kind of figured the same as you guys. I think that I am going to leverage the fact that I am developing value-added, saleable crap for them in order to get a raise!

[jeff_archer7]

Originally posted by Daot Lagorille I have, as part of my full-time company job, developed a little on-line tool (completely single handedly - no one else is involved). which is it Part of your job ????/ or single handedly????? it is either part of your job (owned by the company) or not, regardless of others input
Now, this tool I have made is in no way the product of the company for which I work - it is merely a service facilitation device. so if your boss saw you in the development process would he say "well Done" or would he say "get back to work"

If it was done on Company time, yet was for your own use, or not related to what you are paid to do Ethics in some way are out the window.... therefore do whatever you want... If it was done for the company then you can't sell it to another without consent....

You need to do these things at home that would stop the problem to begin with
:confused:

[Daot Lagorille]

Easy there, big fella.

Essentially, what I meant was, I built this tool as part of my job, for my company. The tool was designed to streamline a business process.

The part about it not being a product means that it is not a product that the company sells. The part about it being single handed just meant that I at least wouldn't have to worry about any collaboraters to divvy up the cash wish.

Moot points anyway, as I think you all are right - because it is done under the auspices of my job, it is company property.

[Aronya1]

Originally posted by jeff_archer7
If it was done on Company time, yet was for your own use, or not related to what you are paid to do Ethics in some way are out the window.... therefore do whatever you want... You need to do these things at home that would stop the problem to begin with
For ethical people, ethics are never out the window. However, either way, if it was developed during the course of his job, it is most likely the property of his employer, whether we like it or not. Also, as Spufi said, it could still belong to the employer, even if he did it at home. Obviously, none of us are lawyers, and there's always the unstated suggestion to check with one, especially since this is an international forum, and the laws are likely to be different in different parts of the world.


Edit: You just beat me to the posting punch!

[jeff_archer7]

Originally posted by Daot Lagorille
Easy there, big fella.


Hehehehehehehe

I meant not to sound harsh.... found it funny you called me big though hehehehehehehe

yet again don't mean that to sound harsh

Us Aussies say what we think yet americans always take it to heart, sorry for the mis-understanding (if any)

[jeff_archer7]

Originally posted by Aronya1
For ethical people, ethics are never out the window.
Edit: You just beat me to the posting punch!

They are if the 'so called ethical person' acts in an unethical way....
lol baby
:D

[Aronya1]

Aha! Yes, Watson, but then the ethical person is no longer an ethical person. And so the dilemma! Was he ethical or unethical? Chicken or the egg? Fries or onion rings? Which brings a question to mind... Do you know what a blooming onion is? Or is that a construct of the Aussie plot to overthrow American eating habits?

[jeff_archer7]

Originally posted by Aronya1
Aha! Yes, Watson, but then the ethical person is no longer an ethical person. And so the dilemma! Was he ethical or unethical? Chicken or the egg? Fries or onion rings? Which brings a question to mind... Do you know what a blooming onion is? Or is that a construct of the Aussie plot to overthrow American eating habits?

No its not just me, you really are an idiot

[Aronya1]

Geez, man. I was laughing along with you. And actually, the blooming onion question is legit. Seems like you're a little touchy.

[jeff_archer7]

hehehehehe sorry dude

blooming onion (http://www.koreatips.net/english/seoulsubway/images/013201m1.gif) seems to be some sort of heavily fried onion of sorts that you you dip into some kind of hot sauce..... looks really healthy NOT....lol ask Daot Lagorille..... we dont do it down here

[Daot Lagorille]

Originally posted by jeff_archer7
Hehehehehehehe

I meant not to sound harsh.... found it funny you called me big though hehehehehehehe

yet again don't mean that to sound harsh

Us Aussies say what we think yet americans always take it to heart, sorry for the mis-understanding (if any)

No wuckin' furries, mate.