Legal Question in Employment Law in California

I worked in this restaurant for six years. In July, it closed for renovations. We were all laid off. We weren't given any official or written layoff notices, but we did know it would be closing, not sure if that matters or not. Anyway, we could collect unemployment.

Now the restaurant has changed it's name by adding a letter, and now are hiring. Some of us who worked there before reapplied, and the application process was very long and tedious and included being given one of those personality assessment tests. So, the new general manager calls me back two days later and tell me that according to my test performance, I was not what they were looking for and would not be working there.

(Turns out almost everyone who did work there are not getting their jobs back.) One of these people worked there for 14 years and also worked as a pastry chef using her own recipes. The owner is still going to be using her recipes even though she will not be working there.

My question is, can he do this? I should note that he did not purchase the recipes from her.

Thank you!


Asked on 10/09/11, 8:55 pm

1 Answer from Attorneys

The key question is when she developed the recipes. If she developed the recipes while working at the restaurant for use in the restaurant, they are works for hire and belong to the restaurant owner.

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Answered on 10/10/11, 12:55 pm


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