To think I shouldn’t have to remove this from my portfolio?

[BuckysArm]

I just learned that a campaign I created, led, managed etc has been nominated for an award. I’m so pleased for the whole team, they all deserve it.

It’s already in my portfolio (approved when I was terminated) so really it would be a case of adding the award nomination/win if it gets it into the details. As simple as that.

But I’ve just had a phone call from my ex Director to 1. Tell me this news and 2. To let me know he’s so proud of the work I did and the shape I left the team in but it’s very awkward for the CEO as everyone thinks the new manager masterminded the whole thing and that I had no part in it as I’d been put on ‘low level duties’ before leaving (why I’m being talked about like that is beyond me and I’d rather not have known) so he wanted to let me know (apologetically) that I am now forbidden to include the entire project in my portfolio let alone mention the award nomination in anything/tell any prospective employers etc.

I did point out that it’s not like they’ve been nominated for something that is going to change the business, it’s just a nice recognition for the team and this seems like a bizarre overreaction.

And to avoid drip feeding later in, I was fired without my director’s knowledge while he was on holiday and I’d been there just shy of two years so nothing I could do. All hell broke loose when he came back to find out.

WIBU to just keep it in my private portfolio (as opposed to public) and still use it as an example in interviews etc? Surely they can’t actually take it away from me as something I can use as an answer? They’ve taken enough away from me as it is. Perhaps an email to HR to get some clarity?

Also, there’s no NDA at play here.

Hi @BuckysArm, that sounds like a settlement agreement and the portfolio you could take probably formed part of that. Similar to if they have agreed a reference that they will give if it is requested of you.

If this is the case they are entitled to say you can’t include it in your portfolio. However, I really can’t see why you couldn’t include the award nomination on your CV and as part of job applications.

If there is no NDA, I would completely ignore their request. You have been treated so badly by this company you don’t owe them any loyalty.

that I am now forbidden to include the entire project in my portfolio let alone mention the award nomination in anything/tell any prospective employers etc

I would have pissed myself laughing and then told him to bite me.

I phrased that badly, I just meant they gave me more of a reason than they needed to. No settlement agreement, just confirmation of end of employment and permission to use work I created in my portfolio.

I think I’m overthinking this because I was quite open to them coming back and saying you can use abcf but not de, I know that’s how it works. I have major projects I have signed NDAs for. But this feels personally spiteful by taking something away from me that doesn’t actually benefit them in doing so.

Well if there is no settlement agreement then I echo other pp. They can ‘do one’.

Include it on your CV and in job applications. While they might claim they own the intellectual property and whatever you created is effectively theirs, there really is no reason you couldn’t include it in your portfolio as an example of your work. I.e. if it’s a design you can include it but obviously can’t sell it. They really don’t have a leg to stand on with their request.

As far as I can see the only possible reason they could have for doing this is because they want the new person to claim authorship - which is certainly immoral and possibly illegal. I would refuse.

Knickers to that! It's your work and they have no right to steal it from you.

I'd say no it's my work and I have plenty of proof. I won't stop using it in my portfolio.

Or you could say it's yours for £££ 😁

Are you agency side or client side OP?

Most agencies' clients retain the IP of all work created by the agency, so you should check what your contract said.

In short, you have to ask yourself - what would they do if you just went ahead and claimed the work as your own? Sue you? Trash your reputation around town? It can be an incestuous business so even though it's really unfair it may be better in the long term to suck it up and wait for an opportunity to serve a cold dish of revenge one day?

I definitely wouldn’t be helping them next week - I’d suddenly come down with a cold or something, and be unavailable. And then ghost then going forwards.

Look at long-term freelancing if there aren’t many jobs around at the minute - lots of agencies would rather have the flexibility of hiring somebody for a couple of months at £450 per day than taking on somebody permanently at £50k a year, even though it works out more expensive in the long run.

I would be slightly cautious OP about some of the people on here saying tell them to do one.

Assuming you were employed by the company and not a contractor, all of the IP in the content you created will be owned by the company. I would also assume that your employment contract has a confidentiality clause in it which would make the work you did for them confidential.

So much depends on (a) how you refer to it in your portfolio; and (b) the way that the approval to use it was drafted as you left. It isn’t as simple as telling them to fuck off.

But at the moment they haven’t put anything in writing telling you they are revoking the approval you do have in writing. I would rely on that and carry on as you are, and only go further if they follow up in writing.

@Yesididmeantobesorude it was an in-house team working exclusively for the business. So luckily, it’s not really something that impacts on me going forward in that regard.

I think it’s the not mentioning it as an example that’s irked me the most, and I can get around the example issue by saying I led a campaign that generated £x in number of weeks by and give examples that way.

@Shamoo They do, of course, own the IP and I have no issue with that. Confidentiality clause applies to not talking about what the actual business does rather than what my department did. I did clarify that when sorting this all out.

My plan is to leave it off the website for the foreseeable, get advice, and see where I end up.

I think whilst I would say "up yours" in your head, I'd probably remove it from your public site I don't think they can stop you referring to it in interviews etc. What you need to be mindful of is how much work they are putting your way now and how much you rely on that. If it is 50% of your income and the work is not that defining for your portfolio then I would probably drop it. If however they are only 5% of your income and the work is a major part of your portfolio then I'd probably play more hardball. The question is really what have you got to loose?

If you continue to work for them in a freelance capacity it is possible to seek some 'mark' on that work? Claiming/retaining your IP. So presented by X company supported by Buckysarm Ltd or whatever. That might prevent any future issues

So basically some bloke wants to steal credit for your work, and they have the nerve to ask you to go along with it?!! I can’t tell you what my reply would be to that....

Just say no.

Oh my god don’t save the campaign for them. You can live without those three days of work. That would be true doormat behaviour after that phone call.

I'd email with something along the lines of "following our call I have been checking through our agreements and have found that I do have written permission from the company to include this work in my portfolio. I shall therefore continue doing so."

Is it worth the potential loss of the lucrative freelance work though? Either way there is no reason that you cannot continue referring to it in private.

Hang on have I got this right they have sacked you but want you to ‘save’ their campaign but then you can’t tell anyone you worked on it all never mind saving it

Screw that! I have never heard of something so ridiculous - and I mean that in terms of the company not you OP (although I do think you need to be more assertive with them)

OP you have been majorly shafted and while I get that they day rate is attractive you owe absolutely no loyalty to anyone in that company. As long as there are no legalities over the work (NDA, IP etc) which you say there is not, be proud of your work and use it to get an even better job than this shit show

Put it back on the website!!!

But are any intellectual property rights of ownership in the work relevant here? The OP isn’t trying to reuse the work; she just wants to tell people she led the team that created this award winning work.

I reckon the law around it could be quite nuanced OP (although not an IP expert).

I would respond along the lines of what PPs have said saying you’re gonna go ahead and do the things you plan to do, because I suspect they’ll have difficulty challenging you!

Bloody cheek of them, though!

Can't see how the reference would be an issue. What are they going to do, say 'Buckysarm worked for us from X til X as a Y executive on various projects but not that one that won an award. She certainly didn't win it, oh no.'

How did the CEO know you were using it in your portfolio? If you are still being freelanced by the company I'd drop it for now from the website but include in interviews.

If/ once you've completely stopped working for them then I'd put it back on your website.

Regarding the reference just ask the friendly director if he can write a personal reference citing the work you did. The fact he has asked you to take it down might stop any future work coming your way from him if completely ignored. Unless you don't need the work.

@timeisnotaline

Oh my god don’t save the campaign for them. You can live without those three days of work. That would be true doormat behaviour after that phone call.

Agree with this. Don't burn your bridges just apologetically say unfortunately you can't due to other commitments and let them sink or swim.

I'd get legal advice on the use of the example in your portfolio. It sounds like you are fine to do so, but personally I would like advice.

I think you need to escape them!!

Now I’ve read you freelance for them, just keep earring great money from them and smiling. You don’t have take their shit anymore, just their money!