Forcing the return of a gift......PLEASE HELP!

[kpaul1016]

What is the name of your state (only U.S. law)? NC

Here is the dilema. A co-worker of my employer is also a friend of mine. During the course of the past two years, he has sent me several gifts. Gifts being gift cards, a laptop, and other electronics. This co-worker also gifted items to other co-workers as well, not just myself.

I received a telephone call today from corporate that he was paying for these gifts with his company credit card and purchase orders and has separated from the company. They learned of the purchases through an audit, and my address was the ship to on the items in question.

Obviously I was unaware that this was not on the straight and narrow. We were friends outside of the company, and was lead to believe that these gifts were personal gifts, not purchased on the company's dime.

My employer is asking me return to them certain gifts, and possibly pay for the items that cannot be returned, such as gift cards. Is this legal? Can they make me return these items and pay for some I can't return?

I feel like making me return the gifts I have, and paying for the ones's I don't is making me liable for this person's actions. I am not the person that made these fraudulant purchases. If I return these items, isn't this an admission of guilt? Where does it end? Please give me any advice possible.

 

[Isis1]

You have in your possesion stolen items. If you refuse to return the items you are an acomplice. How much of a criminal record are you willing to handle?

 

[Zigner]

Replace the euphemism gifts with the (accurate) phrase stolen goods.

 

[kpaul1016]

Ok, stolen goods. What about the gift cards that I no longer have. Can I be made legally to pay for those? My employer knows that I had no idea of what was happening. The said "Gifter" admitted to what he did. I am not being implicated at all.

 

[Zigner]

Ok, stolen goods. What about the gift cards that I no longer have. Can I be made legally to pay for those? My employer knows that I had no idea of what was happening. The said "Gifter" admitted to what he did. I am not being implicated at all.

Look at it this way: If you refuse, the employer has every right to fire you. Your choice I suppose.

 

[xylene]

In my expereince with co-workers - you are lucky if they 'give' you a leftover bran muffin that went un-eaten in a sales meeting.

Did you not suspect something was up with this.

These items you refer to are nicer gifts than I would give to my life partner.

 

[Proserpina]

Agreed, xylene.



Laptop? Other electronics? A friend gifts you with these over a relatively short period of time?

How many giftcards? To what value?

 

[kpaul1016]

This person I thought was my friend gave the impression to everyone that he was very well off, and he was in a much higher position with our company than me. As I stated before, I was not the only person he did this for. In total there are about 10 of us. The gift cards over two years maybe totalled $200. These gifts were given around birthdays and Christmas.

Had this person been just a co-worker, I would have thought something was up. We were friends outside of work. The other folks in my same situation feel the same way. This person has already been terminated, and will not return anyones emails or phone calls, I would assume because they are totally embarrased.

It is also my understanding that many of the people that received these gifts are people totally unrelated to our company. I feel like they are preying on us because they can. We did not do anything wrong. I feel like I am being punished**************

 

[Antigone*]

This person I thought was my friend gave the impression to everyone that he was very well off, and he was in a much higher position with our company than me. As I stated before, I was not the only person he did this for. In total there are about 10 of us. The gift cards over two years maybe totalled $200. These gifts were given around birthdays and Christmas.

Had this person been just a co-worker, I would have thought something was up. We were friends outside of work. The other folks in my same situation feel the same way. This person has already been terminated, and will not return anyones emails or phone calls, I would assume because they are totally embarrased.

It is also my understanding that many of the people that received these gifts are people totally unrelated to our company. I feel like they are preying on us because they can. We did not do anything wrong. I feel like I am being punished**************

Well, if you don't care about your job, tell them to pound sand.. Don't expect to stay employed if you don't comply. Even worse, don't expect unemployment benefits.

 

[kpaul1016]

Am I legally obligated to reimburse this company for items that I did not know they supplied? I am not concerned about losing my job, that is not an issue.

 

[CdwJava]

They can ask you to return the property and repay the cards. You can refuse, They can then take you to small claims court or to superior court (depending on the dollar value of the property) as part of a civil suit. They may or may not prevail. I strongly suspect, though, that unless they can prove that you knew or reasonably should have known the "gifts" were unlawfully obtained that they have no grounds against you and should, instead, sue the former employee who bought them. I suspect they are pressuring you because you are an easy target and they hope you will give in.