Legal Question in Employment Law in California
Refusal of specific work
First of all thank you, this is a wondeful service you offer. My title at work is a tube bendin specialist. Im in a situation at work where I am asked to train an individial to do the work I do as I do it which in the past I attempted to do so altho resulted in an unsatisfied customer who returned the product and requested that I alone would be rsponsible for producing the parts. I have a system that I implement which in fact i believe I could patent that the company I work for has asked of me to share with them in the past, i refused, they asked to buy it from me. I again refused. Ive been with this company for 10 years and as an example when my company struck a 3 year, 7 millin dollar contract where I alone was only permitted to oversee the work, I recieved in return as a bonus a choice between a coffee mug or a company t-shirt. I do not wish to again train an individual and furthermore share my system with the company. My concern is n which grounds if any I can refuse to train the individual the company has asked of me and furthermore if this one instance can in fact be grounds for termination of my employment. ANy further questions please contact me via email. again thank you this is al very much appreciated.
2 Answers from Attorneys
Re: Refusal of specific work
If you refuse lawful company instructions, you can be fired for insubordination or poor attitude. Your 'system' may not belong to you. If you developed it on company time and equipment, it generally belongs to the employer, and could not be properly patented or otherwise protected by you alone. That's what you've been paid the big bucks for all these years - promoting the company's interests, not yours.
Re: Refusal of specific work
I'd have a hard time choosing between the coffee mug and t-shirt. The mug would last longer.
Seriously, if you refuse a company directive, you'd be fired for insubordination. You could train the employee in the company methods. I agree with Mr. Nelson's assessment that, if you developed the technique on company time during your employment, it would belong to the company.
Before you do separate from the company, if at all, you might want to have a consultation with a lawyer about protecting your intellectual property.
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