Boss Gave Gifts, Now After I Quit Wants Them Back!

What is the name of your state? Canada

I worked for a computer company for over 5 years and in that time my boss had given me a notebook computer and paid for training manuals for me to use. The notebook I had asked for personal use and almost never brought it to the office. Also during the course of my employment I had purchased items for myself such as a TV and a monitor, and my boss told me to write them off, or invoice them out at $0 to my name as they were more of company perks or gifts. I was a sales rep and had to meet quotas which I always did, so I guess thats why he allowed me to write the items off. I have gave him my two weeks resignation notice and we sat down and had a talk. He was not happy about me leaving and ask that I returned the notebook and training manuals, in which I replied yes, as I wanted to leave the company. At the end of the conversation he changed his mind and said you have been a good employee and I would like you to keep both items and I thanked him and went on my way. Two days later he sent a lawyer letter stating I had company property (notebook, monitor, manauls) and I am to return them. I e-mailed his lawyer back stating my case. Its been two weeks and now the police have called me and ask me to return the items and to ask my side of the story. I firmly believe the notebook and all other items are mine as they were given to me in good faith ... what would a small claims court rule? I used to have invoices of the items invoiced to my name at $0 ... but I threw them out before I left. The one for the notebook was for travel purposes, as I asked to have a genuine invoice signifying the notebook was mine when I crossed the border. He agreed. Your input is much appreciated!

Zoomby_U

I really don't understand your problem..... you were originally told to return them and you agreed to do so (at the 'exit' meeting). Then, the owner changed his mind (again??) and said keep them. Now, for some reason, he apparently wants them back again.

Since you had agreed to return them in the exit meeting, go ahead and do so. Get a WRITTEN receipt for the return.

The alternative is that the police could charge you with theft if the owner makes a formal complaint. And though you might be able to explain the circumstances away, the legal consequences are considerable.

Sorry ...

I apologize, can we assume that I am in the State of New York, can anyone please still offer there interpretation of the situation. Thank You!

Zoomby_U

Personal Reasons

You and me both find it strange that he keeps changing his mind. Pretty much he is out on a personal vindetta against me as I was his top sales person, top engineer etc. I would like to stand my ground on this issue as he is a very unethical man and acting purely on personal reasons. I would also not like to return the items as I feel they are mine. But I gather the consensus is that I do not have enough proof in my case?

Thank you again,
Zoomby_U

Slam dunk!! The repercussions of your keeping the property without any ability to prove your claims that they were given to you, could easily cause you both civil AND criminal problems.

Simply, the owner has records (assuming) to support his claim of ownership...... and you have none.

Return the items and get a signed acknowledgment of their return and condition.

Ahh But I have Invoices!

Thank you for your input,

But I would like to point out that invoices to my name for $0.00 do exist for the TV, monitor and notebook. I am arranging for someone inside the company to get me copies. As for the training manuals, I am starting to realize they may be a lost cause, but what decrees ownership? Is it the person who has paid for the item? Because the manuals were paid by my bosses company credit card but he was re-imbursed by Compaq so does that mean Compaq owns them? Also the other analogy I would like to bring up is what if I bought something for my girlfriend and when we broke up I said I want it back? I have seen these types of cases many times on ahhh Judge Judy akkk .... and she almost always denies the claim because the items were a gift. All these items were given to me as rewards for far exceeding my quota. Would that hold water?? And again thank you all for your input!

Zoomby_U