employer claiming my side project IP situation

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Illustrative scenario prepared by my practice.
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
Hypothetical question

I'm in a difficult situation and trying to figure out my next steps.

employer claiming my side project IP. I've been dealing with this for about 13 weeks now and the situation isn't improving.

This involves original creative work over the past 32 months. I do not have documentation proving my ownership and timeline honestly.

Do I have a strong case? What should my next steps be?

Illustrative response

NAL, but from what I've read, you should check your state's specific laws. Your mileage may vary depending on the specifics.

Illustrative response

Fair use is a defense, not a right. The four factors (purpose, nature, amount, market effect) are balanced on a case-by-case basis. Transformative use helps, but it doesn't guarantee fair use.