[Michael Mahoney jr.]

Bob! Thanks for the speedy reply, and thank you VERY MUCH for asking for my contact information – I should have included it in my post.

w.mahoney.jr@gmail.com

[Michael Mahoney jr.]

Well, it’s done. I was let go about two weeks ago for budget reasons.

Nearly a year after I signed away my dignity to keep my job, they took it all away.

I felt like such a loser after signing that form. A corporate nobody. A sell out. A compromised man.

And for what? When the share-holders asked about the inflated Marketing budget, the video department was the first item eliminated from the spreadsheet.

The CEO just got approved for a 300K bonus, but they’ll save 35K on Marketing by kicking their video producer to the curb.

So, I’m officially unemployed.

Thanks for all of the support from the COW community. I am trying to go freelance now (supplemented w/ a part-time job anywhere…)

Here’s a link to one of my favorite creations, this style of event coverage is really what I love to do. It is incomplete because of various corporate issues:
https://youtu.be/BfaeMyUufw8?hd=1

Anybody in the Cleveland, Ohio area need help with anything? Send any jobs my way, even internships – I need to get my face out there.

Thanks,
Mike

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[Michael Mahoney jr.]

Wow, I really appreciate all of the feedback I am receiving. Thank you so much, and please, keep it up. This issue is kindof a big deal.

I’d type a novel if I had the time, but let me shorten my thoughts into some specific points that address things you folks have mentioned.

1: This is an ugly and complicated issue. But there isn’t any silly back story or any bad blood between myself and anyone in the company. It’s just an issue of a new, much larger owner being unwilling to make a very reasonable, very minor modification their generic agreement.

2: I did not resign, and they did not fire me. A required form was not turned in on time – that is all. I will be at work on Monday, ready for a resolution. But I am NOT signing that form without modifications.

3. Competition: I have no interest in working for any competitor, or competing with my employer in any way. I simply want to create content in my free time, without fear of them claiming ownership.

4. Salary: They can’t hold my salary over my head. We live a very simple, very frugal life. Except for finding cheaper living arrangements – losing my salary won’t impact our lives very much. Grinner mentions that typically someone receives a bump in salary, a bonus, or some other form of compensation (a Consideration) for signing away rights like this. So far this has not been the case. I am in the middle of a huge project for the new ownership, and they want to renegotiating the terms of my employment for some reason. They took 5 vacation days from me, want me to sign away my rights to my work – and they refuse to have a salary discussion.

They need me more than I need them. I will walk.

5. Consideration: Nick, that’s what you receive in return for signing a contract, a “Consideration.” Unfortunately, and as Nick mentioned, in the US, most employment is an “at will” status. So they can actually fire me for any reason, any time they feel like it. And they CAN bring me a new agreement to sign – and my Consideration for signing (what I get in return) is to keep my job. Horrible, but true.

6. Polarized Thinking: Cory, I largely agree with what you have typed. Unfortunately, you sandwiched it between a couple of strong opinions about the way I think. But let’s put that aside – it’s obvious there is a lot of emotion connected to this issue for me, and that emotion probably came through in my post.

Yes, I may be slightly polarized in my thinking. However – I did not draw the line in the sand. They did. It’s like this.

Them: “Wow, we’re really happy with what you’re doing, so we’re going to give you some huge projects to work on. As a matter of fact, we’re so happy with you, we’d like to put the brakes on that huge project and renegotiate the terms of your employment. How’s about we take away 5 vacation days, double your health insurance costs and have creative control over anything you make? Oh, and we refuse to address the salary that’s been unchanged for four years (even though your job has expanded ten-fold since then.)

They drew the line in the sand (and created the polarization) and are trying to make me step over it. I refuse.

7. Mads Jorgensen: You make a valid point. The executives for the company are in a completely different State from us, and they may not fully appreciate, or even have knowledge of the messy situation that local management and HR have caused.

Being that we are a huge publicly traded company – the Legal Dept and the Head of Human Resources are both going to be looking for that very important form – and they’re going to want to know why it isn’t turned in. Hopefully, when the actual decision makers realize my artistic intentions, we can make a simple change to the agreement and move on with our lives.

8: Chris and John: I will not sign this legal document knowing full well that I intend to break it. Or just go blindly along thinking “they won’t touch my stuff. They don’t care.”

How can you guys think like this? Don’t you understand what is going on here?

It doesn’t matter if what I create is “worth” anything – it is mine.

When I shoot a documentary this spring about rebuilding my bicycle for a long road trip – this agreement states that they could own my documentary if they wanted to. This is unreasonable and I CANNOT agree to it.

Here’s a hypothetical example that might be easier for people to understand:
– Say I work for Guitar Center as a photographer, and I get paid to take photos of guitars for their catalog and/or website.
– The Invention Assignment Agreement reads that any photos I take or media I create that “relate to the company’s current or contemplated business” belong to them.
– What is the current or contemplated business of Guitar Center? Too vague. That could include anything related music – live music, recording, instruments and accessories, rock and roll, music education, etc.
– Any photos I take of guitars now belong to them. Any photos I take of my personal guitars now belong to them. I shoot photos of my friend’s band – those shots belong to the company.

That cool vintage guitar blog I was running – damn, that now belongs to them too.
It doesn’t matter if what I create is “worth” anything – it is mine.

Again, unless I am competing with them in any way, like having my documentary sponsored by a competitor – or feature/promote/sell in any way bicycle products, I should be free to create whatever I want related to bicycles and cycling.

Verbally, they assure me that I am free to do what I please. But they refuse to put it in writing.

Conclusion:
I appreciate everyone’s feedback, and your words. Keep ’em coming. I’ll go into work on Monday with the intention of resolving this issue. I have not quit, and they have not fired me. Let’s sit, wait, and see what happens. I’ll keep you posted.

Please, continue to discuss. This issue won’t be over for some time, and I’ll keep updating the thread.

Michael.