Legal Question in Business Law in Georgia

employer witholding final paycheck

My wife was laid off from her job because the company wasn't making money. A few days prior to finding out she was being laid off, she was asked to take photos of her creative work for a company brochure. She took the pictures on her personal camera brought from home and was supposed to deliver them to a printing company for the brochure. Photography is not anywhere in her job description, nor is advertising. When she was laid off, she decided not to bring the pictures in. Now her boss (the company owner) is refusing to pay for her final week of work? The designs on the photos were her own creation, she does not have a written contract with her employer other than her W4, so there is no contract regarding intellectual property. She was not paid any additional money for her photography skills. I appreciate anyone's assistance with this matter.


Asked on 1/26/05, 2:27 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: employer witholding final paycheck

There is a good possibility that the pictures would be considered a work for hire. In other words, because they were created at the direction of her employer for her job, the employer would have ownership of any intellectual property rights. Of course, it depends on the situation. You could file a claim in small claims court to get her final pay check.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 1/26/05, 4:43 pm


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