Advice from HN: I'm about to be fired because I declared prior IP months ago.

I strongly suggest you speak to an attorney.

I don't entirely understand. You've already filled out the prior IP form, right? I take it they're asking you to fill out a new one? But you have your copy of the original one that they signed, don't you?

IANAL, but I think you should just quit. This is not ethical behavior on their part. If you go along with what they're asking, you're essentially abandoning your IP rights, in exchange for nothing but continued employment. I wouldn't want to work anywhere that even asked me to do that.

Yes you can and should consult an attorney, but if the situation turns adversarial, you might as well quit.

IP-related conflicts of interest are a real problem for anyone with entrepreneurial aspirations who nonetheless needs to take a traditional employment position. I think the best policy is to avoid working for companies whose businesses have much overlap with one's own plans (I have done this on occasion myself).

Yes, that probably means taking a less interesting job, possibly even making less money, while you work on your project on the side.

The suggestion someone made to sell your IP to a holding firm is a very interesting one, but I don't understand the implications. That company will somehow need to defend its IP rights at some point -- at least, the way this is going, that outcome seems likely -- and I don't know how it's going to do that, unless you can get a patent filed in a couple of weeks. Even then, to litigate a patent you need money.

It's more than possible I'm missing something, so maybe you should look into that option, but my initial reaction is not too optimistic.

Thanks. The issue is that I signed the prior IP form months ago. They didn't, HR sent it off to be reviewed or whatever, and they're just now getting back to me. Months after I started working there.

Thus, I don't know what happens when they now say "we can't approve that." Is it still a 'condition of employment' that I sign it? Even if they gave me the job without themselves signing it? Can they just "not hire me" or would they have to fire me or would I quit or....

I don't mean to be flippant, but why? Best case scenario (as I see it), the lawyer says they have no case and they can neither fire you, nor take your IP. Which leaves you working for a company that doesn't want you working for them. Which, to me, equals quiting or being fired in the short or medium term.

Worst case, you quit, are fired, or sell them your project.

I think you should see if they'll buy your project, and if not quit or be fired.

I'd go to a lawyer if they tried to claim ownership of your project, which they don't seem to be doing.

Of course, IANAL, and neither is my parent, which may answer my question of "why?"

Again, you should run this by an attorney, but here's my reaction.

You have put your IP at risk by starting work without receiving a signed copy of the prior IP form. Yes, you were going on the assumption that everything would be okay, but in a situation where you know you have IP that overlaps theirs, that was naive.

I still think you should quit. For one thing, if you continue to work knowing that they're not accepting your prior IP declaration, you are tacitly accepting their non-acceptance, a point that could work against you if this went to court. But beyond that, the only leverage you have in this situation is the value of the work you're doing for them. If you continue to work, you're giving them what they want without appropriate compensation. If you want to negotiate a licensing arrangement for your IP, you'll never do it while you're an employee; the only hope is to make it a condition of your return.

Don't take this advice without running it by an attorney, but that's what I think. (It's possible, for example, that instead of quitting outright you should simply refuse to sign any other prior IP form, and let them fire you. But I would always rather be able to tell my next employer that I quit, rather than try to explain why I was fired.)

Here's another consideration. They've as much as told you that they're trying to get acquired. You don't know who the acquirer will be or what kind of management they will have. Whatever difficulty you are having getting your IP rights recognized now will be squared in that situation.

BTW, if money is tight for you, you should immediately start looking for another job -- one that won't have this kind of problem. This advice you should take in any case, because looking is free and has no downside. If you can find something else quickly, you'll be in a much better position to negotiate with your current employer.