Moral Dilema

[davidinindy]

I was working on some concept designs at the company I recently worked at. The company decided they didn't want to finish them. The customer is still interested in the projects, but my former employer is blowing them off. They want to concentrate on standard products, and not take any custom desgins at this time. I am in contact with the customers (they were former suppliers of mine, and I introduced them to the company) and I have the CAD files, and all project information. I am looking for a new job, but am thinking about asking the customer if they are interested in working with me to finish the projects. I did NOT sign any contract or non-compete agreement with my former company. This may be a chance to start my own business... These could definately lead to more projects down the road.
What should I do? My gut says it's not right, but my wallet is saying "go for it!"

 

[johnwm]

There appears to be no moral dilemma - you appear to be in possession of someone else's property.

Why not approach your former company and ask for the rights to the project? If they are really not interested in developing it, and you can see a market opportunity then do a deal with them.

Good Luck
johnwm
________________________________________________________
To get the best from these forums read faq731-376 before posting

UK steam enthusiasts:

http://www.essexsteam.co.uk

 

[IRstuff]

Depending on the conditions of the original contract, your customer may already have full rights to the design, in which case, you can the design through them.

TTFN

 

[Maury]

The two responses above should have you on the right course. Find out what your previous employer was to supply to the client. If CAD files and supporting information weren't included, then they still belong to the Engineer and you have no right to them. You'll have to decide whether it would be better for you or the customer to ask about acquiring this information. If the previous employer won't give it up, then you'll have to re-engineer the work from whatever drawings were released.

 

[GregLocock]

Hang on. The stuff would only belong to the customer if he's paid for it. I get the impression that is not the case.



Cheers

Greg Locock

 

[johnwm]

If the eventual customer hasn't paid for them then they belong to the employer, not the employee!

Good Luck
johnwm
________________________________________________________
To get the best from these forums read faq731-376 before posting

UK steam enthusiasts:

http://www.essexsteam.co.uk

 

[GregLocock]

Absolutely.

Cheers

Greg Locock

 

[davidinindy]

OK... I understand what you are all saying... How about this scenario.
A designer leaves a company and was "in process" on some designs.
Company has no interest in finishing designs. They have bigger fish, and these had gotten put on back burner. They were out of their realm of expertise anyway.
Customer contacts designer directly to see if he's interested in finishing project.
Even if designer didn't have CAD data, designs would end up pretty much the same.

 

[TrevorP]

Is there a contract in place between your previous company and the client? If so, then, presumably, they are legally obliged to complete the contract, and the client are legally obliged to continue with them. Both sides will have to deal with this first.
If not, then I guess you are free to commit to a contract with the client for your services. But, any designs you have done up until now, while in the pay of your previous company, remain the property of that company. Hence, you must either - (a) buy these designs (or have a written statement that you are free to use them without penalty) from your ex-company, or (b) give the designs back to them (or destroy them if they are a copy) and start again. Make sure the client is aware of this. They may chose to buy this work on your behalf in order to reduce the timescale involved. I suggest you discuss it further with the client first, expressing your interest and outlining your concerns. Then work out together how you are going to approach your previous employer. The client may have access to good legal advice that you can make use of, so that you know exactly where you stand.

 

[davidinindy]

No contracts whatsoever. We were doing these concepts as a sales tool in order to get the orders. That company makes money on the production. They consider the designs overhead. However, they may change their ways when an american company takes the concept to a lower priced producer in Asia. It's already been hinted at by one (potential) customer. I told them they needed to start charging for the design seperately.