Legal Question in Business Law in Florida
I am a commission only employee, and have made many contacts. My employer wants me to turn over my contacts. I have not been paid for any of my time or travel to make these contacts. Do they belong to me or my employer?
2 Answers from Attorneys
That is an interesting question, and I think it largely depends on any documentation you may have or not have signed. Based on the limited information you have provided, I believe that they are your contacts. You made those contacts using your own equipment at your own cost on your own time, and therefore the courts would likely see you as an independent contractor. As such, you are not an employee, and thus the fruit of your labors is yours, not the company who hired you.
That being said, my opinion may be different if you were to provide more information. I would be happy to discuss the situation with you in greater detail. Please call me at your convenience at 813-374-2216 or e-mail me at [email protected].
Good luck.
As a Franchise Attorney I can only add the following. If the contacts were developed on your employer's time, they likely belong to your employer. If they were developed by you, on your own time, away from employment, they probably belong to you. Of course, any documents you signed may alter this. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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