Legal Question in Technology Law in California

Re: Rights to an Idea that employer turned down.

DISCLAIMER:

This does not constitute legal advice; seek local, qualified legal counsel; this does not establish an attorney-client relationship and the attorney-client privilege does not apply.

DISCUSSION:

This is a combined set of issues related to 'corporate opportunity' and 'intellectual property.' Much will turn on the nature and extent of any paperwork you signed as a new employee.

Oftentimes, those in the inventive fields will have to sign non-disclosure agreements and covenants not to compete. These mean that 'what you learn at TechCorp, stays at TechCorp.' Furthermore, any and all inventions you come up with while you are an employee belong to the company, sometimes even all the inventions you made prior to coming on board. Finally, you are forbidden from going to a new job or starting your own business for a certain time, for a certain amount of time or distance from your old employer.

If you signed paperwork like this, you will have to get written waivers and / or releases from your current employer. This also covers you against the second issue: "corporate opportunity"(CO).

Usually CO applies to those high up in any organization, such as officers and directors. It means if the employee comes across a great deal in the field of that corporations' business endeavors then he must present the opportunity first to the corporation. If they turn it down, then he is free to pursue it on his own.

Good luck to you sir.

Regards,

Richard Vaughan