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(California law applies)
However if I understand correctly the license only applies to code. Any assets should either be covered by a separate license or in the case there isn’t one the employer retains copyright.
IANAL but unless there is some exception to the MIT license the ability to be able to do so is the license’s entire point. However if I understand correctly the license only applies to code. Any assets should either be covered by a separate license or in the case there isn’t one the employer retains copyright.
I second this.
You have to consider any non-compete and NDA agreements as well however.
The company owns the code but has given permission to use it as specified in the license. Fortunately, the MIT license is very permissive. You thus have their permission to do a lot. You don't have rights, you have a license.
You may have signed an employment contract that puts limitations on what you can do. I wouldn't hesitate to fork a MIT licensed project, but your other contracts with the owner of the code may complicate things.
I'd be first concerned with what your employer might think / what if any restrictions / you agreed with.
MIT license could say one thing, but an agreement with your employer says something entirely different regarding what you can do.
Lawyers are expensive, this question obviously doesn't warrant the trouble of finding a lawyer and paying them hundreds of dollars to read op's contract with their employer or exegete the MIT license.
If the only value you can provide is to suggest talking to a lawyer, maybe don't reply :-P
The times I‘ve had to pay substantially for legal services have usually involved investments or tax issues related to stock options. It always feels substantial, but pales in comparison to the amounts of money involved and having a reasonably certain confidence that I’m not going to “lose” any more of it.
I would suggest that you weigh the amount of time you think it would take you to recreate this project as part of your startup costs. That is money that you will “gain” by using this project.