I recently graduated with my degree. I haven't been able to find work in my field yet and have been doing various things to make money. I contacted a marketing agency/staffing agency that offered to put me on their roster.
- The nature of their jobs is short term/temporary and is not guaranteed
- The type of work would be along the lines of working at retail stores
- The company is in the US and I am Canada and would be working here
There's a term in the contract that concerns me because I plan on working for myself or other employers. Even if I didn't I'm curious if a company could really own everything you invent no matter what.
Inventions. Employee recognizes and acknowledges that during the Term of this Offer, Employee may either individually or jointly with others, and either on behalf of Joe Marketing or on Employee’s own volition, discover, conceive, make, perfect, or develop inventions, improvements, discoveries, models, designs, images, logos, customer lists or other databases, marketing plans or methods, prototypes, trade secrets, computer programs, ideas, techniques and know-how that are related to or in furtherance of the business or activities of Joe Marketing (hereinafter collectively referred to as “Inventions”). Employee recognizes and agrees that any and all Inventions developed by Employee pursuant to this Offer shall be deemed to be a “work made for hire” to the extent allowed by law. Employee further recognizes and agrees that any and all Inventions, including all intellectual property rights, that Employee might have therein (the “Intellectual Property Rights”), are the sole and exclusive property of Joe Marketing. Employee hereby assigns to Joe Marketing all of Employee’s rights, title and interest in and to any and all Inventions and related Intellectual Property Rights. Employee’s obligations under this Section 7 apply without regard to whether the Invention or an idea for an Invention, or the design, discovery, conception, production, perfection, development or improvement of an Invention, or the solution to a problem occurs to Employee on the job, at home, or elsewhere. At Joe Marketing’s request, from time to time, Employee shall promptly sign and deliver all documents necessary to vest in Joe Marketing all of Employee’s right, title and interest documents necessary to vest in Joe Marketing all of Employee’s right, title and interest in and to such Inventions.
Is it possible for a company to claim ownership of an invention an employee/contractor made while off the clock? What if the invention has nothing to do with the work the employee does, or the field the company is involved in?