Former employer

[MrHouse]

Istarted working for a company last september, ( a mortgage co) as a out of the office loan officer. In october at a training we were told that the company would be supplying us laptops so we could be more effective. In November, when I was talking to the local branch manager that I was affiliated with, we had a conversation about how he thought it was very cool that they were "giving" us laptops. At the same time I was sent a pager from the company stating I would have to return the pager if I left the company,and was responsible for the replacement cost. I had to sign this a week before I got it. The last week in December I picked up the laptop from the branch that I was affiliated with. They just pointed to the box and said theres your laptop, so off I went. I was asked by my actual manager in January if it was working ok and I told him it was. Fast forward to Feb 7th. My boss decided that because I hadnt returned 1 phone call to him as quickly as he liked that he was going to fire me. Then a couple of days after I find this out (they fired me via DHL Letter) I get a letter(also through DHL) stating they want me to return the laptop within 2 days, as agreed to in my signed agreement. Well I went back and double checked the agreement for the pager, and it didnt say anything about the laptop. No one in the company had ever asked me to sign anything either before or after giving me the laptop. not in 6 weeks of having it did anyone say anything to me about it. I talked to their HR department th day after the letter and they said the same thing, I replied to them, please show me the agreement and its not a problem, I'll return it. They said well, we will talk to the vice president and follow up with you. That was the 10th. Then today, two guys from a different branch than the one i was affiliated with park behind my car in the driveway, blocking me in, and come to the door, they started to harrass me for it also,Threatened to sue me and I asked them if they had the agreement(they obviosly didnt) I told them to stop harrasing me and that Aames employees were not welcome on my property.
I really dont want to give it back, mainly because I feel they trumped up excuses to fire me,which is a whole other post..Any advise on this? do they have a case?

 

[NYClex]

Hm, this case hinges on what a reasonable person would assume who the owner of the laptop is.

Years ago, when I was a police officer, they gave me a radio. I didn't have to sign anything, I could use it as long as I was on the job, nobody ever talked about that. It cost as much as a laptop would cost nowadays. Would a reasonable person have believed that this was now my property? Of course not. When I quit the job to go to law school it was obvious that I had to return the radio. The same with the bunch of keys, including car keys to the unmarked unit I was using all the time. It was "my car" as long as I was on the job, but that was it. I had no agreement or anything either.

I guess you see where this leads: if it is reasonable to assume that the company furnished this laptop to you so you could bette rdo your job, you can assume that ownership was not handed over to you. You merely were in possession. The owner, the company, has the right to demand the return of its property any time.

Now, if you could prove that you have a reason to assume that it was actually a gift to you, or a reward or something where it is clear that you now own the laptop, it would be different.

So if I were you, unless I had convincing proof that the employees were given the laptops as a gift or similar, I would return the laptop asap. Otherwise you might face criminal and civil charges and your employer will tell every future employer that you took company property when you left. You don't want to have that on your references.

 

[Beth3]

Of course you need to return the laptop. Your attempts to portray it as a gift is an absurd stretch. The laptop was clearly provided by the employer for work purposes (just like your desk and telephone) and must be returned when you leave.

No, you do not remotely have a case. Return the laptop.

 

[faq_]

Is this guy serious??? I have an Uncle who pulls shit like that all the time... hate ppl like this.

The laptop isnt yours!