In my experience, it has been stated that all hardware provided by the
company for the employee's use belongs to the company(computers,
keyboards, etc), as well as software and any other 'intellectual
property'(i.e. that script you wrote on the companie's computer belongs
to the company.
Also, many companies I've worked for have actually gone to the trouble of
warning over a global email in the company to not screw with the hardware
or software, including bios settings, and some had even gone to the
trouble of disabling each floppy drive on their computers.
As for e-mail privacy in companies, they own the email servers, hubs, and
email software, if they just happened to run a protocol analyzer on the
hub and 'accidentally' noticed certain files or messages transmitted in
plain text from bob or sue, and summarily decided to watch their emails
based on questionable material they 'happened' to observe', that would be
their right; as fucked-up as it may seem.
Sorry for my poor french and english.
As for sexual harassment issues, since when is it constituted when HR or
administrators are simply snooping to snoop and sees mary tell a nasty
joke to bob, or sees 'big buffy.jpg' tommy transmitted to bob? It
doesn't necessarily mean a hostile work environment, or 'this for that'
if they snooped and not 'accidentally observed' it. If it is the latter
case, then it could possible be for that snooper a hostile work
environment or 'unintended observer' case.
regards and sorry for butting in :)
On Fri, 22 Sep 00 09:11:01 CDT [EMAIL PROTECTED] (robert bonomi) writes:
> > From: "Noonan, Wesley" <[EMAIL PROTECTED]>
> > Subject: RE: blcking sites
> > Date: Wed, 20 Sep 2000 14:06:04 -0500
> >
> > -----Original Message-----
> > From: mouss [mailto:[EMAIL PROTECTED]]
> > Sent: Wednesday, September 20, 2000 13:55
> > To: [EMAIL PROTECTED]; Jarmoc, Jeff; Henry Sieff;
> 'Jeremy';
> > Firewalls
> > Subject: RE: blcking sites
> >
> > you're right, my "statement" was too simple.
> >
> > the pc is not mine, that's right, but my work is. so everything on
> the PC
> > that resulted
> > from my actions is under my responsibility.
> >
> > Even this is questionable. I don't know about anyone else, but I
> read every
> > non-compete type document my employer(s) give me. In 100% of the
> cases,
> > somewhere in the document(s) it clearly states "your work is
> ours". IOW,
> > what I do at work is the "property" of my employer.
>
> That is absolutely *correct*. The _employer_ owns the 'work
> product'.
>
> There is long established doctrine on this. For those who care to
> look
> up the gory details the magic phrase is "work done for hire".
>
> This is the legal situation, even ABSENT a 'non-compete' type
> document, or
> 'employment agreement'
>
> Said situation *IS* subject to negotiation, and if mutual agreement
> to other
> terms can be obtained, that specific agreement takes precedence.
>
>
> NOTHING prevents one from using ones knowledge/skills to
> re-implement some-
> thing that is now the property of a former employer. Using any
> actual objects
> (be it a source-listing, or a machine-readable copy, or any other
> 'real' object)
> that was developed for the former employer, as a "work done for
> hire" -does-
> have legal risks -- from the standpoint of legal theory it is a
> 'forbidden
> action'. As a practical matter, it is _usually_ overlooked by the
> "injured"
> party, unless there are extreme and/or extenuating circumstances.
> However,
> when it is not 'ignored', things get *very* messy, very quickly.
> It's a bad
> gamble.
>
> > Many a company
> has had
> > to draft a new one for me to work for them, because I see it as a
> > partnership. I.e. if I write a script that makes my job easier, I
> share it
> > with the company so that the other admins can benefit as well.
> When I leave,
> > the concept and code (removing any proprietary information like
> their
> > company name, etc.) comes with me. They are able to continue to
> use it, and
> > modify/improve it, but so do I. I am not interested in reinventing
> the wheel
> > at every company I work for just because they think it is theirs.
> After all,
> > my reputation and skills are usually a reason I was hired in the
> first
> > place. A lot of that has been built on the tools, utilities, tips
> and tricks
> > I have accumulated.
>
> This is the 'ideal' solution. But it works only when the employer
> is
> "enlightened" enough to see the mutual benefits.
>
> -
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> "unsubscribe firewalls" in the body of the message.]
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