> I am somewhat surprised at your stance above when it comes to what an
> Employer seems to "owe" an Employee, or what an Employee has the "right"
to
> be able to do at the expense of his Employers time and resources.
>
> But then again, quite possibly you only consider this where other
Employers
> are concerned. Are you this liberal when you are the employer? See below.

I don't consider it being liberal, I consider it being fair.  I once had an
employee who was an amateur musician.  He was even a pro for a while back in
the early 90's - unfortunately the music scene shifted and his (heavy metal)
band became an anachronism just as it was getting noticed.  You know the
lyrics in AC/DC's song "Rock and Roll Ain't Noise Pollution", where the
singer says "Rock and roll will never die..."  Well, I got news for you pal,
it's dead!  It died in the early 90's.  I haven't been able to listen to top
40 radio for over 10 years now.  But I digress.  And no, he was not a band
member in AC/DC.  Anyway, I hired this guy because he was an electronics
buff.  He had 2 years of vocational tech schooling, in addition to building
circuits at home and repairing guitar amps and electronic instruments.  He
told me of his quest to build the perfect noise gate, compressor/limiter,
tube amp, etc.  He would ask me my opinions about circuitry.  And we would
enjoy these discussions during lunch and breaks.

Now if he came up with some music gizmo he invented at home on his own time,
I don't feel like I would own the rights to it.  I even let him borrow one
of the scopes for a while until he bought his own.  But if any of what he
did required design time from me (other than tips and advice during lunch
and breaks), then I would feel like I had some ownership of it.

I have enough ideas and creativity to make my own fortune.  I don't need to
rip off someone else's hard work to get there.  And if my former employee
makes it big someday with an electronic music instrument gizmo, I'm happy
for him.  As for me, I'll stick to embedded computers and control systems
for now.

As far as ex-employees going into competition, that is on a case-by-base
basis.  If the former employee started producing DOS Stamp clones, then I
would take action against him.  But if he starts making his own design based
on an 8051, SH3, or some other CPU we've never used before, that's nothing
to get riled about, because he didn't steal my IP to make it.

> By the way, what would you yourself do if your own little Company needed
to
> get a certain job done for a Customer, and you walked up behind one of
your
> employees who was supposed to be working on this job, and you found him
> working on his own little project, on your time, and you realized just by
> looking at what he was doing, that he had to have spent the last three
days
> working on his own little project?
>
> What would you really do?

I'd fire his ass.  That is not the same thing as working on one's own
project on one's own time.

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


----- Original Message -----
From: "JaMi Smith" <[EMAIL PROTECTED]>
To: "Protel EDA Forum" <[EMAIL PROTECTED]>
Cc: "JaMi Smith" <[EMAIL PROTECTED]>
Sent: Sunday, September 07, 2003 7:37 PM
Subject: Re: [PEDA] OT employer topics WAS: License Legalities





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