Hi

Please I need legal people to advice me or people who have had similar experience.

Am a Software developer, I work with a company that is into BTL advertisement. They employed me asdevelopment
n 2016, on a 40k salary because they wanted to move to Tech. We created a few solution that mostly needed capital to grow so no returns

After NYSC I got a 150k job, they persuaded me to stay, promised to raise my pay to 80k so I did stayed. Only to get 60k but I didn't bother as at then.

Back in Sept 2017 I built an app personally that solved a solution. They knew about it when I wanted to launch and asked if I wanted to give them the app wch I didn't give a definite answer to.

The company got in financial crisis and I wasn't paid salary btw Oct. '17 and Jan '18. It was hell for me. But I stayed on

I decided to quit in March '18 when I realised I needed to focus on my career as the company has lost zeal on it's Tech vision.

Now they say I have to handover the app as it's company property.

Their reasons
They contributed to development of app
I built it with the company facilities (Laptop given to me and internet)
The company paid me salary and I needed to drop it.

My reasons for refusal
The only contribution one staff gave was that app name is long then I came up with something shorter
I was told company facilities can be used for personal work so far you are doing your job as expected.
I didn't involve any company staff during development.

The app has generated a revenue of $550 as I type. Am perceiving they might make it a court case. But I needed to know if am secure plus any reasonable way to handle the matter. I am actually thinking of giving them a 30% stake in the app. According to projection, this Dec. the app will be close to $300 a month in revenue.

I was employed by words of mouth, no written or signed agreement.

As much as I'd love to mention the name of this app to gain more downloads, I will not do that for the sake of this urgent issh.

Following

Since there is no any written document when you were employed to prove all these. No cause for alarm as they can't dare make it a court case because they don't have an evidence to tender. So, keep calm


Lalasticalala, your attention is needed here. This thread needs Frontpage attention.

my brother they don't have any prove that they employed you before stating terms of employment to them. any employment contract that can be seen by the eye of the law must be contracted legally in writing. my feelings though.

The easiest way out.

Move away from known location. block any line they call you with.

Nigerian law system supports the accused. and since they are broke, makes it harder.

The real issue is not giving them the money, but that they are greedy, If you go into giving them 30%.. they wont' stop there, they'll come for more, and the worst part is that, they won't add value. Value is very important, value is what keeps the money coming in, value is what changes the app from 500USD a month to 5000USD a month. so, they'll kill the vision because they are greedy. They should support you and give you their blessing. There is no way you people won't fight at the end. Best to fight now.

Maybe a one off payment. if you really have to..

And next time you too, don't use company property for personal gains. They didn't steal it, they use money to buy it, and as you used it, they are supposed to not only make gain but also use money to improve and buy another one that is faster and better, and maybe not just that, but the time also you used also, your concentration at work, you put it on this sort of stuff... affected what they even pay for monthly....

And they probably got into this sort of mess because employees like you and others wouldn't do what they are paid to do.. or improve it, rather, you guys want to have your salary, make them pay for rent, internet, fuel, electricity, and still you use all of these much more to do your own work, this is the real issue with Nigeria. The poor culture that keep destroying other people work. Then later you'll open your dirty mouth, they owe you, is the money suppose to drop from heaven? I pray as you have done, someone else will do same in your company.

I will continue to say, the biggest problem in the Nigeria business environment is not electricity, or lack of funds, or customers, it's the Nigerian employee, they have a very poor culture. extremely poor culture, they usually feel theft is fine. and then before the dream becomes a reality, it's destroyed.

the company was taking advantage of you while you were "working" for them, and now that they are struggling, they STILL want to take advantage of you... wise up bro!

Since they didn’t pay you salary between Oct ‘17 and Jan ‘18, they should use that to compensate themselves and move the fvck on. If you love yourself, better not share a dime with them, they have nothing on you, it’s your intellectual property

Hey bro, it's so unfortunate. In as much as I hate to say it, the company has FULL rights over the app and if they take it to court, they are likely to WIN. Building anything in your place of work using their computers or time is very bad, they have every right over it.

Here is my advice, since you have a case against you, they might likely take you to court if they are desperate: Tell them to their face also before they make it legal, you would also sue them for breaching of contract which is
1. Paying you less than the proposed salary
2. Not paying you when you're meant to have been paid.
Please confirm from a lawyer if you can really take legal action for them not paying you.
It's just a threat for them to drop the case


This leads me to what I was saying last week, my sister works in a tech company, I also just recently started IT there and we both have our majors as computer science. I was telling her last week that if she has any tech idea that she shouldn't work on the idea using the company's computer or during work hours, she said NO that (insert company's name) can not do something like that. I still warned her though to be careful.


I didn't realize until last month when I watched silicon valley where the guy was sued for "testing his app on their computer once". I went ahead to ask a friend studying law who explained the concept to me.


I'm sorry but please you could follow the advice or better still listen to other valuable advises here on the forum. I wish you the best.

Most persons have said what I would have said. I will only say this.


Get a lawyer. Contact me via my signature if u don't have one or know one

Olalekank:
Hey bro, it's so unfortunate. In as much as I hate to say it, the company has FULL rights over the app and if they take it to court, they are likely to WIN. Building anything in your place of work using their computers or time is very bad, they have every right over it.

Here is my advice, since you have a case against you, they might likely take you to court if they are desperate: Tell them to their face also before they make it legal, you would also sue them for breaching of contract which is
1. Paying you less than the proposed salary
2. Not paying you when you're meant to have been paid.
Please confirm from a lawyer if you can really take legal action for them not paying you.
It's just a threat for them to drop the case


This leads me to what I was saying last week, my sister works in a tech company, I also just recently started IT there and we both have our majors as computer science. I was telling her last week that if she has any tech idea that she shouldn't work on the idea using the company's computer or during work hours, she said NO that (insert company's name) can not do something like that. I still warned her though to be careful.

I didn't realize until last month when I watched silicon valley where the guy was sued for "testing his app on their computer once". I went ahead to ask a friend studying law who explained the concept to me.


I'm sorry but please you could follow the advice or better still listen to other valuable advises here on the forum. I wish you the best.

did you read the part where it says that the OP had no employment contract with the said company?! how can you even talk of breaching of contract when there is NO contract to begin with? the company would have to prove that A) he was indeed working there illegally under some verbal contract, B) he created the APP on company's computer, C) that this invisible contract stipulated that anything created on their computer belongs to them (and not the OP), and finally D) the little they paid him was not in return for favourable private use of their computers.

MrBrownJay1:


did you read the part where it says that the OP had no employment contract with the said company?! how can you even talk of breaching of contract when there is NO contract to begin with? the company would have to prove that A) he was indeed working there illegally under some verbal contract, B) he created the APP on company's computer, C) that this invisible contract stipulated that anything created on their computer belongs to them (and not the OP), and finally D) the little they paid him was not in return for favourable private use of their computers.

Then he has won the case either ways. If the company doesn't have any signed contract then: They can't sue him for using their computers while working for them because there's no record if working with them.

I'm not sure but if there's no contractual agreement, the company isn't meant to win. I'm no lawyer but just talking from an hypothetical point of view.

Thanks guys for your good and rash advice. I have always known they have no legal evidence to support their claims. But I will decide on what to do will all your words.

I think my explanation was ambiguous, they did paid me my salary arrears in early Feb. But didn't pay the last month (March) up until now.

They actually threatened me with my career because am a member of Computer Professionals of Nigeria (CPN). This threat part really got me infuriated.

My crazy mind wants to be greedy and take all but my church mind wants an easy way out. make a signed agreement to give them 30% of the revenue but remain the sole owner of the app. It's going to be a take it or leave it offer.

Olalekank:


Then he has won the case either ways. If the company doesn't have any signed contract then: They can't sue him for using their computers while working for them because there's no record if working with them.

I'm not sure but if there's no contractual agreement, the company isn't meant to win. I'm no lawyer but just talking from an hypothetical point of view.

exactly, and the company has absolutely NO right to the app, contrary to what you wrote earlier.

MrBrownJay1:


exactly, and the company has absolutely NO right to the app, contrary to what you wrote earlier.

True
No legal agreement. Nigerian companies self funny