Professionalism question

Hi

A bit stuck in a sticky situation and hoping for some practical guidance from anyone.

I designed a proprietary tool for a client recently and also bubbling in the background is that I could potentially join that client company as an employee. Ignoring any legality that could prevent me from joining this client company/new employer, I worry that eventually they want me to unlock the tool so they can have a look at the calculations behind it.

Is there any way I can refuse to unlock the tool for my new employer? I am also trying to avoid the situation whereby they want me to replicate it base on my knowledge.

Thanks.

 

I assume that this 'proprietary tool' is some kind of computer software but even if not I think that the same principles would apply.

Much will depend on the terms on which you provided this tool to the client. If there was no written contact and there are no Ts & Cs when the tool is loaded then you may have to disclose the calculations if you eventually become an employee of the client. My other concern is whether your present employer knows that you designed this tool for the client. If so the copyright may belong to your present employer, not yourself. If you moonlighted providing this tool for the client then you may be in technical breach of your present contract of employment.

I would stress that these are my personal views but I cannot accept responsibility for them. If you still have serious doubts you should consult your own lawyer

 

My experience, fairly limited as it is, is that employers are perfectly understanding of these issues and would not try to exploit them. Remember, it goes both ways - my employer does not try to elicit details of our competitors bases from new employees because we also have former employees working for them. There is also the ultimate risk of falling foul of the regulators or the law.

I would simply raise it with them and ask that it be made clear that you cannot work on this tool in this way. Ideally, set it up so that you could not unlock it even if you wanted to (set a large/complex password, etc).

 

In case you are not aware, IFoA provides a support service to its members. If you want, you can take advantage of this. There is no charge.

Link: http://www.actuaries.org.uk/regulation/pages/professional-support-service-0