QUESTION
My new boss wants to use and keep recipes I brought in upon employment. He wants me to sign a 9 page agreement to that.
Asked on Oct 24th, 2013 on Intellectual Property - Arizona
More details to this question:
I recently started working for a cafe. The owner had just resigned from a coporate role in the food industry to start his own cafe. When I interviewed for his "Baker" position he asked if I had any recipes for bread and other baked items, which I did. I graduated culinary school in 1999 and have worked in the food industry ever since. I took basic recipes and over the past 20 years made adjustments to them creating what they are today. He is telling me that in order for him not to loose the continuity of his business, I need to agree to give up my recipes. He wants to be able to use them without limitation if I resign or get fired. He does not want to pay for the use of my recipes. I don't have a problem sharing my recipes BUT I would like to continue to use them and I also would like for my Boss to sign something stating they would only be use as a part of his business not as sole product. I plan on opening a bakery someday and want to be covered.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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This doesn't sound like a question, it sounds like a dilemna. You could agree to what your boss wants. You could convince your boss to do what you want. Either option is acceptable under the law. If he wants to build the business around your recipes, you might even consider some form of a partnership with this owner - a percentage of the business for control of the recipes. It is all acceptable if the two of you can agree on terms, just make sure the language of the agreement reflects your terms and have the agreement reviewed by counsel to make sure your interests have been protected.
Good luck,
Todd
Answered on Oct 25th, 2013 at 10:15 AM