Employer won’t give me permission to use any of the work I’ve done here

One way to fill the grey area is bring samples to the interview to show what you have been working on lately without leaving them behind. Be very careful that the projects are not proprietary in nature. Finished projects are safest. Remember that you are showing your skills rather than the creativity of the firm that you currently work for. You should not need to show more of the firm’s work than is necessary to show your abilities and experience.

Bottom line: Don’t sell out your current firm by showing a competitor something that they should not see or take credit for design that is not your own and you should be fine.

You should be comfortable showing any material that has been in a public meeting. If you can get by with that, you can hold your head high.

That is just my opinion and within my personal ethics.

Cory;

I’m “assuming” you never signed a “contract” with your current employer that stated you would NOT use any of that firm’s design work IF you ever left.  My guess is, you didn’t because that’s really not normal practice…..at least not with any LA firms I know of.

I worked for a Dallas LA firm for 13 years (1978 – 1991)…and within that time, I also logged in over 4,000 hours of over-time (or almost 2 additional yrs.).  Personally designed approx. 300+ projects (wide variety).  I helped make the (2) Partners multi-millionaires.  In 1991, the firm had ZERO work…and did a massive layoff.  I was 41.  I had no choice but to est. my own LA firm…as the job market at that time was almost as bad as it is today.  Well, in order to do establish my own LA firm…..I HAD to show developers, architects, engineers, landscape contractors, etc., samples of my previous design work……..i.e., prelim. color renderings, final contract documents, sketches, construction details, photos of built work I designed, etc.  Had I NOT been able to do that…..I have NO IDEA HOW I would have been able to establish my own LA firm.  And the salary I was paid with that Dallas firm was ridiculous….I did at least 7x better financially on my own…after I got my firm up and running.

I will say this…..NEVER once did I go after ANY of my former LA firm’s clientele.  I could have….and probably offered to design their work for 50% less….but, I didn’t.  I spent the next 3 years establishing my own firm.  All of my clients, once I established my own LA firm were my Own.

In my opinion, I feel your past employer is being UNFAIR to you…and unreasonable. 

I began building my “Professional LA Portfolio” very early on in my LA career, because I knew it was important…..that Portfolio is “KEY” to your future as Landscape Architect. 

Good Luck!

J. Robert (Bob) Wainner

Andrew;

First off (and this is not an excuse, but, I have never had an employee)….I’ve been freelance since 1991.

However, IF I had had a larger firm, with several LA employees…..and some left to pursue another job at another LA firm……if they were to use work samples from my LA firm, I would want them to at LEAST give my LA firm credit.  That they did NOT do the design work themselves. 

I feel sure that when other LA firms interview Landscape Architects (who have experience), they know, when they are coming from another LA firm…the work is really NOT entirely their own work.  But, these firms want to SEE your Portfolio….I think this is just a normal part of the process.

IF I had employees who left….and went after my clientele OR tried to take 100% credit for design projects they did while at my firm (not giving my firm credit), yes, I’d have a problem with that.

I know that at the Dallas LA firm I was with…..we set up a branch office in Tampa, Florida.  We sent (2) of our LA’s out there to set up the office and hire additional LA’s.  Both of those LA’s sent to Tampa were “required” to sign a “no compete” contract……which, I believe, stated those 2 LA’s could not (if they left the firm) design ANY LA projects within a 200 mile radius of Tampa for (2) yrs.  Not sure just how legal that is.  That branch was closed down about 7 yrs. later due to lack of work….and the (2) LA’s ended establishing their own very successful LA firms.

Andrew…………Actually, no, I had ZERO staff.  Though married, I handled my LA practice entirely on my own.  Well, it helped that, back when I was 20 to 24 yrs. old, I served in the U.S. Navy on an Air Wing Command Staff…handling all administration matters for the Air Wing Commander & 15 other Officers (who were all Navy Pilots).  So, the Navy taught me how to type and how to handle admin. issues.

I also produced all of my own base sheets, sketching, prelimin. color renderings, final contract documents, construction details, plant take-offs, cost estimates, correspondence, billing, specifications, inspection trips out of town & out of state, inspection reports, client meetings, marketing…..ALL drawings were drawn “by hand”.  Well…that’s WHY I put in all of the “over-time” hours I’ve put in during my LA career – over 4 yrs. worth….and why I decided to go into semi-retirement at age 58…*smile*.

I could have expanded…..and added “staff”….I just made the decision not to.  I always had a “design studio” in my home…kept my over-head low and my profit margins high.  Other than Federal Income Taxes…I really didn’t have any over-head to speak of.

But, as you mentioned, it would be interesting to hear from other LA’s who have either Owned their own LA firm (with employees) or maybe were Principals or Partners in larger LA firms…..get their take on this issue.

If that constraint is not expressly mentioned in your contract, you are free to do just as you wish. Be honest : say what you did, or contributed to do. People who hire are interested into knowing what you can do.

A reverse extreme example : I have designed a garden for a Chancery once, a couple of years after sept11, and had to sign a very restrictive contract commanding me to even destruct working files afterwards (CAD and others) ! I don’t even have a picture of that work to show !