Reference no: EM132173091

Linda graduated from UW-L with double majors in marketing and information systems. After four years of employment with a large software company, Linda wants to quit her job and start her own business. Specifically, in her spare time at home, Linda has been working hard on writing a very useful computer program that helps large companies manage their sales more efficiently. Linda is convinced that there is potentially a large market for this enterprise software and she want to start a company to manufacture and sell this software under the brand name Sales Solutions.

At this point, Linda is also happily married and has a two-year old child. She has $200,000 in savings of which she is willing to invest $100,000 in her new business. She want to keep the rest of her money safe for her child’s future education and her own retirement. Linda hopes her company will be so successful, she can eventually take it public to obtain capital for further expansion.

After Linda’s company is up and running, she needs to hire another software programmer. So she puts an ad in a computer trade publication stating the job requirements. She interviews several applicants and decides that an applicant named Dylan is the best qualified. She sends Dylan an email congratulating him and inviting him to take the position with pay of $80,000 per year and full benefits. Dylan responds with an email thanking Linda but stating that he can only take the position for $90,000 per year and full benefits.

Linda agrees to hire Dylan for $90,000 per year and full benefits. When Dylan starts work, the only paperwork he is given to sign are an I-9 form and tax withholding forms. Since Linda’s company is new, she does not have employment contracts with any employees nor does she have any employee handbooks or other formal personnel policies. After a couple of weeks, Linda begins to realize that Dylan is not exactly a terrific employee. Linda has installed computer usage tracking software on all employees’ computers and Linda learns that Dylan spends most of his time in the office playing computer games and not working.

QUESTIONS:

1. What intellectual property right(s) can Linda acquire in her Sales Solutions software in the U.S. and why?

2. What legal entity/business organization should Linda use for her company and why?

3. Legally, what is Linda’s email to Dylan, and what is Dylan’s response and why?

4. What can/should Linda legally do regarding Dylan’s work habits (or lack thereof) and why?