Legal Question in Technology Law in California

Can I have designs in my portfolio that I created while working at a company?

I�ve been a web designer for a large corporation for the past 8 years. I�ve just left the company. I signed a contract that said I can�t show any work or talk about any of the things that I�ve worked on at the company. Would it be legal, perhaps under the Fair Use act, for me to show very small thumbnails of the websites that I created, and mentioned what I did for that project? Every job posting asks to see a portfolio of my previous work, so not being able to show 8 years of work would be very difficult on me. I asked the company for permission, and they said no.


Asked on 2/05/09, 5:53 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can I have designs in my portfolio that I created while working at a company?

Too bad you didn't run this contract by your own attorney BEFORE YOU SIGNED IT.

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Answered on 2/05/09, 5:59 pm
Bryan C. Becker Your Lawyer for Life.

Re: Can I have designs in my portfolio that I created while working at a company?

Thanks for your question. As is the case with all contracts, the actual language of the contract controls, so a complete answer would require reviewing the contract. However, California recognizes a strong public policy in favor of pursuing one�s choice of lawful employment and enterprise. Broadly speaking, CA Courts have recently limited the scope of non-compete agreements to trade secret protections. I would review with an attorney the employment contract and what you wish to disclose to get a clear picture of the trade secret implications in order to gauge how you should pursue your next job.

Feel free to contact me if you would like to speak further about this.

Yours truly,

Bryan

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Answered on 2/05/09, 7:33 pm


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