> Sure, you should work for your employer when he's paying your salary.
>  But, I have
> heard of so many cases where a guy who designed aerospace parts, for
> instance,
> thinks up an idea for a better fishing reel, on his own time, and ends
> up having to
> give all profit to the employer.  (There are, I'm sure, lots of cases
> that can be
> found where the employee used some facilities or company time to develop
> the product, that changes the picture very much.)

It never ceases to amaze me how in so many instances, mandatory overtime
without pay is never considered as a fair trade for usage of company
resources.  For example, my father is the Engineering Manager for a
well-known air compressor company.  For the entire time he has worked there
(10+ years now), he has had to put in more than 40 hours per week.  But
since he is salaried, he only gets paid a fixed amount.  The extent of his
usage of company resources for personal benefit is:  photocopies, paper,
pens, scotch tape, occasional shipping of small packages via UPS.  Big
Whoop.  He doesn't even surf the internet on company time, in fact he avoids
use of e-mail because it is only a tool others use to cover their asses with
("Oh, didn't you get my e-mail about that?").  And yet, memos circulate,
saying that employees are not to take office supplies for personal use.  No
one has ever confronted him about it, maybe because they realize how
indefensible their position would be.  So my overworked father uses some
office supplies for personal use.  Is he justified?  Darn right he is.

In places I worked before I started my own business, I refused to sign
employment agreements that had language to the effect that any personal
inventions belong to the company.  As a result, I didn't get too far in the
employee world.  I did have jobs, but never achieved much rank, always low
man on the totem pole, and the first to get axed when times got tough
(motto:  when the times get tough, the tough get axed).  So I started my own
business.  And life is good...

I think it is fair that an employment agreement could have language
stipulating that the company is entitled to a small portion of the profits
or shares of any invention the employee creates using company resources.  In
the example above, if the fishing reel was made using the company's machine
shop, and drawings were drawn on the company's CAD system, maybe 5-10
percent of the profits or shares would be assigned to the company.  But not
the whole thing, that's just pure greed!

By the way, I have asked employees to put in overtime only twice in the past
3 years.  Employees should be willing to put in occasional overtime, and
without pay for those who are salaried.  But to require overtime as SOP
(Standard Operating Procedure) indicates that something is wrong with an
organization.  And that something is usually the guy at the top ;-)

Traditional method of business financial management (The Old Capitalism):
1) Pay employees
2) Pay bills
3) What's leftover goes to company owners and stockholders

Modern method (The New Capitalism):
1) Pay CEO
2) Pay CEO some more
3) Pay CEO still more
4) Pay into CEO pension fund
5) Fire CEO
6) Pay CEO termination bonus (golden parachute)
7) No money left for payroll, so fire lots of employees
8) Restate earnings to avoid SEC investigation
9) Sell off company assets to make balance sheet look better
10) Outsource workload to cheaper labor markets (India, China, etc.)
11) Fire more employees, because of (10)
12) Show improved profits, because of (9-11), boosting stock price
13) Insiders sell company stock while the boost is in effect
14) Tech suckers buy company stock, thinking it will eventually rise to late
90's levels
15) Company stock tanks due to market shifts, poor quality of outsourced
work, and customer dissatisfaction
16) Stockholders initiate lawsuit alleging stock fraud
17) SEC launches investigation into insider trading
18) Hearings held, nothing happens
19) Perpetrators (the former company officers) beat the rap
20) Perps bask on beach in Cayman Islands while stockholders lost their
21) Cycle repeats at some other company

Best regards,
Ivan Baggett
Bagotronix Inc.
website:  www.bagotronix.com

----- Original Message -----
From: "Jon Elson" <[EMAIL PROTECTED]>
To: "Protel EDA Forum" <[EMAIL PROTECTED]>
Sent: Friday, September 05, 2003 7:13 PM
Subject: Re: [PEDA] License Legalities

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