I have been working for a company in sales as an independent contractor (w-9) selling golf products. Last November, I brought an idea to the...

Question

I have been working for a company in sales as an independent contractor (w-9) selling golf products. Last November, I brought an idea to the company of a specific product that I thought could be a huge hit. I included very specific information on the uses of the product, how to manufacture and produce the product and how to bring the product to market.

The company is now bringing the product to market using 100% of my ideas and designs. They have just decided to fire all of the sales force including me. I have asked them to halt bringing my product idea to market and they refuse to do so or to pay me for my idea

Do I have any type of claim?

Answer

It is quite possible that you do have a claim. You will need to hire an attorney (I am not pitching my own services; I am not a litigator). He or she will evaluate your employment contract as well as the information and ideas which you provided to your previous employer. This will not be an easy issue, but it sounds as though it would be worth your while to invest in a professional opinion.

Answer

You probably do not, as you cannot patent ideas, but you should see a Intellectual Property lawyer to discuss details and see if you have a claim.

Answer

As a Franchise Attorney I can only add the following. If you give anyone your idea for free, which seems the case here, it's theirs to use as they see fit. That's why there are things called nondisclosure and confidentiality agreements that precede opening one's mouth. But consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation