The Matre d established a system in the restaurant where all tips would be banked collectively and divided among all employees equally. There have been some complaints recently that this may be a violation of the employee handbook since it states that every employee will be treated fairly in both the conditions of employment and compensation for a fair day's work. Employees were aware that the Matre ds tips were not shared with the rest of the employees, and he did not share their tips. He did, however, accept tips from the wait staff because of certain arrangements he made with them to place special customers in their section. Several employees have begun to research the issues to advise their coworkers of a course of action.

Does the Matre d have any claims against the restaurant? If so, list potential claims. Does it make any difference if the employment agreement is a work for hire, jointly owned, or acquisition of intellectual property? Describe the difference between the three and the effect on the intellectual property. Consider whether the app was created and developed prior to or after employment agreements. Does the Matre d control the rights to the app regardless of when he invented it? Does it make a difference if he signed an agreement that transferred ownership over to Sally? Think about the impact of an invention that is sold prior to registration with the Patent Office.