Employer gives laptop when terminated, now wants it back.

[eruzich]

What is the name of your state?What is the name of your state? ill
I was let go this past Friday, and the boss agreed to let me keep the company computer that I used at home. It is now Tuesday "two business days later" and I get a phone call from my former employer that he has changed his mind and that I need to bring the computer back tomorrow by 12:30 or there will be a sheriff at my door. Can the computer be given to me at the time of my dismissal than demanded back? Could I get arrested?

 

[Some Random Guy]

Was any of this in writing? Did anyone witness your termination? Are you due any other severance (vacation pay, etc)?

If a sherrif comes to your door, tell him that it is a contract dispute and that the laptop was given as part of your severance package and is not in your home right now. The police aren't going to want to intervene in this civil matter.

 

[Beth3]

The police aren't going to show up to get the laptop. They're not collection or repo agents. If you don't want to return the laptop, then your employer's recourse is to file suit (likely in small claims court) and let a judge decide who it belongs to.

 

[eruzich]

Thanks for your replies. I am not the type of person who responds well to threats, but on the other hand I did not want to end up in jail, even if I am in the right. So based on your responses, the worst that could happen is that we go to small claims court. I have decided that I will just wait and see if that happens.
Off subject, does anyone have experience with pre paid legal services?

Thanks again for all the help.

 

[Beth3]

The other thing you should consider before deciding to keep the laptop is what kind of reference you're going to get from this employer when you go looking for another job. While I think it's a lousy deal that they said you could keep it and then change their minds, I expect they'll feel a lot more positive about you if you comply with their request and return it.

What I'm guessing is that your boss was generous with you too hastily and he did not check with the powers-that-be before telling you you could keep the laptop. I imagine they're the ones that reversed the decision, not him.

 

[BelizeBreeze]

Thanks for your replies. I am not the type of person who responds well to threats, but on the other hand I did not want to end up in jail, even if I am in the right. So based on your responses, the worst that could happen is that we go to small claims court. I have decided that I will just wait and see if that happens.
Off subject, does anyone have experience with pre paid legal services?

Thanks again for all the help.

All the employer would have to do is to file theft charges against you.

Do you really think your former boss doesn't have the receipt, invoice and a lot more proof that the computer belongs to the company?

then how are you going ot explain it being in your home?

 

[eruzich]

Just when I thought my mind was made up, indecision strikes again.
The owner of the company was the one who shook my hand, said that it would be fine if I kept the computer and then proceeded to tell me other people on the laid off list. Then I collected my personal belongings, and said my good byes to the employees. When I was telling people goodbye I warned some of the employee’s that they were also on the laid off list. That was my big mistake. The owner found out a couple days later and was maaad. He did not ask me not to tell anyone, but I should have kept quite. I have apparently already made an enemy of a great reference, but I not sure I want to suck it up and apologize. This is all really hard to deal with, first getting laid off now this. If he called and asked nicely it would have been a no brainier to give it back, but he threatened me, and now I feel spiteful.
Thanks again for the replies, it nice to get advice and vent at the same time.

 

[eruzich]

One last request to anyone willing to help. I plan on sending the Boss/Owner "same person" an email.
Any advice on what to say?

My thoughts were that the email would recap the meeting.
Given me proof of the agreement and I hope within an email we can start a calm, respectful dialog. I would also apologize for leaking info about the people getting laid off. Maybe he will have a change of heart, but I doubt it.

 

[BelizeBreeze]

Your e-mail is worthless.

Give the damn computer back and be done with it.

 

[rmet4nzkx]

If he reports it stolen, the police will take it and everything on the hard drive will become evidence.

 

[Beth3]

When I was telling people goodbye I warned some of the employee’s that they were also on the laid off list. That was my big mistake. The owner found out a couple days later and was maaad. You purposefully caused this business owner all kinds of problems by telling other employees they were on the layoff list and you knew exactly what you were doing. No wonder he's angry and now wants his laptop back.

One last request to anyone willing to help. I plan on sending the Boss/Owner "same person" an email. Any advice on what to say? Apologize profusely and offer to return the laptop if he still would like you to do so.