Hello,
I have a friend who works as a designer that might be in a constructive dismissal scenario. She has been with her employer for a long time and has quite the design portfolio. If she ends up quitting from constructive dismissal scenario, what is the company’s legal right to the photos she took of her work from clients in regards to copywright?
In this situation she paid a photographer out of her own pocket, or took the pictures herself and no compensation of any kind occurred.
Thanks!
Did she sign anything when they hired her that says the company owns everything she produces?
That kind of thing is very common in hi tech.
Is she being dismissed because she can’t work for them due to her disability?
She should really consult with a lawyer to make sure she takes the best path. This is not a situation for the legally untrained. Please tell your friend to get a few legal opinions.
Not something you want to take anyone’s advice on that does not have legal training.
Can you clarify if this is a disability-related situation. The terms of the forum are that we stick to disability topics. If this is not disability related you should seek counsel from an employment lawyer. The starting point with situations like this is that things produced in the course of a person’s work would belong to the employer. Exceptions could arise however, particularly if this is not a true employer / employee situation.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.