Legal Question in Employment Law in California
Who owns my brain?
I provide technical product vision and direction to my current employer. Can I form my own corporation/llc and in my personal time develop a new service offering? Do I need to share or declare new company formation with current employer?
Would I be subject to any anti-compete or loyalty laws if the product offering is different but from the same industry sector? Can I be sued for not sharing all potential future innovation or new direction with current employer? Can employer claim ownership to new innovation or direction?
2 Answers from Attorneys
Re: Who owns my brain?
The Trade Secrets Act may have some relevance in your situation. To answer your questions, more details are needed. Of course there are generalitites, however, an attorney is an advocate to argue your position. You may benefit by obtaining representation to discern all potential areas of dispute with your current employer and to draft an appropriate contract for your protection. Please call me directly at (619) 222-3504.
Re: Who owns my brain?
It is a very complex area of law. The general rule is that anything you invent in the course of employment belongs to the employer. More detail is needed to answer your question.
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