Legal Question in Intellectual Property in Minnesota

I am a graphic designer, I was a contract "employee" at an advertising agency for 3 years. No taxes were taken out of my checks and I owe the IRS money. I used my own computer to create designs for the clients but was required to be a 40 hr week.

After a year of not working there, I recieved an email stating:

Please remove all "ad agency name" projects from your web site.. All images, content and copy that reflects pure outright plagiarism must be removed.

If all images, graphics and copy materials that were copied or completed at the agency while you worked there are not removed from this or any other site that represents you personally - law suit will begin to get this violation corrected. Any money or projects secured from this site will be targeted for collections.

Please represent your own projects as you build your own portfolio in the real world.

___

Is there any merit to what he is asking? All the design work was done by me.

Can he get in trouble for insisting I come to his companies location and use my own equipment if he would not make me a legal employee?

Please advise!

Thanks,

Heather


Asked on 3/01/11, 11:32 am

2 Answers from Attorneys
Ross Brandborg Brudvik Law Office

The problem with your question is; I do not know what the original contract with the company said. Were they paying you as a contract employee and giving you a 10-99 at the end of the year or a W-2 employee?

Depending on what the contract says, I am certain that you can not represent yourself as currently working for that company, or use their logos. However depending on what your contract said, the material you created while under contract with them may also belong to them.

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Answered on 3/01/11, 1:28 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I also have questions. Were you sent a 1099 or a W-2 for the work you did. A 1099 is used to summarize pay to an independent contractor whereas a W-2 is for employees. If taxes were not properly withheld, the company can be in trouble for this. A call to your local employment development or labor department may be worthwhile. The employee vs. independent contractor issue, in addition to anything in writing between the parties, will determine who owns what. 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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Answered on 3/01/11, 2:40 pm


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