Legal Question in Business Law in California

Work without Pay

I did graphics and design work for a company.

I signed a contract [that ended 7 months ago] with them agreeing to be paid in stock instead of money.

I put over 100 hours of work into their project, and was never paid anything. No stock, no shares, no money, etc. Even when requesting to be paid in some way.

They are now threatening me with legal action, because I posted the work I did in my digital web portfolio. They claim that the work I did was voluntary, and that I don't own any of it.

Do I have rights to my own work?? What can I do to prevent this ''legal action'' or defend myself against it? If they didn't pay for the work, does it belong to them??

Please help.


Asked on 10/22/08, 6:47 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Work without Pay

You can't do anything to 'prevent' them suing; you can defend the suit by hiring an attorney. IF you have proof that you were to retain the rights to your work, then you could use it as you please. Generally, employees or hired contractors don't retain the rights, that is what the company pays you for - to do their work and make THEIR product. IF you have evidence of the terms of the 'deal' with the company, you could bring action to enforce the agreement and get the stock. If so, feel free to contact me for the legal help you'll need.

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Answered on 10/27/08, 1:51 pm


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