Restaurant Wants to Use Hubby's Own Recipe - Need Advice/suggestions

My opinion, but I also agree that you might want to talk to a lawyer:
Typically, they *should* compensate him for using his recipe, but it would only be a one-time compensation. What he creates there, like another poster said, belongs to the company, as he is acting as an agent for the company.

My husband is in charge of coming up with the burger special every week at the restaurant where he works, he is compensated for it with gift certificates he can use in-house. He has created a lot of dishes for the restaurants he has worked for, and benefited through raises and other perks.

However, this does not in any way prevent your husband from using that recipe elsewhere or for profit outside the company, unless he signs a non-compete agreement--which he should NOT sign. When we had our own restaurant, my husband used many of the recipes he developed for other owners, and there wasn't a damn thing they could do about it.

I agree...I don't know much about restaurants and recipes. But, my husband worked for a factory and created a machine to help makes a product work better. The company paid for the paten and compensated him for the rights. I don't know how that would work for a recipe, but I am sure there is some sort of compensation process as well.

I think your husband should consult an attorney.

Or does this chain possibly have a program for suggestions/new ideas, etc already in place? My company has O. and there is a formula for reward used based on the amount of savings or profit there will be from that new idea per year.....

Your husband should consult with an attorney, preferably one that specializes in patent and/or intellectual property law. Most attorneys will do initial consultations for free or at a very basic low rate. I know people say we attorneys complicate things, but it really is in your best interest to talk with one. Most of my clients regret not coming to me sooner. Best wishes.

Hi P.,

How cool for your hubby!!!!!

I am not a lawyer, but I would think in order for him to be compensated, he would probably need to 'trademark' the receipe - I would talk to a patent attorney.

I know that where I work (but it's in design, not food) if I design something (even outside of the scope of my job) while on company time it belongs to the company. So, even though creating menus isn't a part of his job if he used company resources (food, dishes) and it was on company time (ie during work) then it would belong to the company.

I don't know that I would fight (or even try to play ball with) a major corporation on this one, but you'll have to decide. If they are a major chain with many locations they aren't going to want to give your husband anything - one receipe probably won't make or break their business. The manager may just be wanting to give your hubby some exposure and he probably likes the dish. But your hubby will have to walk the line between being demanding, money hungry or seeming like he isn't willing to go above and beyond for his job and balancing feeling like he 'gets his due' for his creation.

I would think it would be GREAT 'bragging rights' for your husband to put on his resume. Instead of compensation I would get some sort of letter of appreciation from the company about his receipe.

My uneducated answer is Yes absolutely he should get compensated, it's his recipe and they'll be making thousands with it nationwide, so yes I think he should be compensated. What I don't know is how to go about it, talk to a lawyer? I believe he should have legal rights over the recipe in case he himself decides to open a restaurant someday so they can't say he stole the recipe.
good luck!

I would expect them to compensate him, all these things have a value. Also, I think you would do well to consult with a lawyer about the agreement, they might want to keep that recipe "locked" or want him to relinquish all rights to his recipe, those are terms to be negotiated, and of course, he should get some payment.

I think they should, but I doubt they will.

A friend of mine was hired as a chef at an upscale restaurant when it opened. He developed all of the recipes and planned the entire menu and created daily purchasing lists and more. Once it was all up and running and just weeks away from having been there long enough to qualify for benefits, they let him go. And yet they're still using everything he did - years later! And he got zip!

Good luck!

P.,
I can't over you any advice, I just wanted tell you how lucky you are to have a husband that can cook and make something that is palatable. A while ago I did know someone that sold a recipe to a single restaurant. As I recall it was not a lot of money, but it added to her resume.
Yum.