Former Employer wants laptop back?

[itsamberduh]

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

I worked for an internet startup company until December 2008 when all of the employees were laid off. The owner bought everyone macbooks and when we were laid off we were given an employment termination package with a little blurb stating that the computers were the property of the company and would be retained by the employees during the period of maintenance for the site. The company then merged with another company and needless to say the maintenance went out the window. Still, nobody asked for the computers to be returned... until today. I have not heard from my former employer in over 2 years. I have spent a lot of time and money upgrading hardware and software on the macbook, now he wants it back so he can ship it to the company he merged with. It's an outdated machine, I'm not entirely sure what they're going to do with it. For the purposes of web development, it's not very useful.

I feel like at this point it's mine. He never once asked me until this point if I still had the machine. He has not been in contact with me since I was laid off. He can't expect that I would just store the computer for an indefinite period of time. I don't want to give the machine back. The parts I've bought for it won't work in a new model of macbook, so it would be wasted money.

 

[TheGeekess]

Pull the upgraded parts out and ship the laptop back to the owner. Sell the parts on eBay.

 

[justalayman]

He never once asked me until this point if I still had the machine.

but you were clearly told it remained to be company property.

You can either send it back or spend a lot of money trying to keep it.

'

m not entirely sure what they're going to do with it.

irrelevant

would be retained by the employees during the period of maintenance for the site. The company then merged with another company and needless to say the maintenance went out the window.

sounds like you failed to turn in the computer at the end or your term of employment.

I don't know if they DA would consider this as a criminal act or not but you will surely lose in a civil court should it end up there.

just because you spent money on somebody else's computer doesn't mean you get to keep it.

 

[itsamberduh]

I just can't believe he'd think I'd hang on to it indefinitely for him.

 

[justalayman]

I just can't believe he'd think I'd hang on to it indefinitely for him.

you likely didn't have to but the fact is, you did.

and no, I am not suggesting you tell him you tossed it long ago. There are usually legal requirements you must follow to be able to discard abandoned property. Failure to follow those requirements results in liability for the property.

 

[itsamberduh]

but you were clearly told it remained to be company property.

You can either send it back or spend a lot of money trying to keep it.

' irrelevant

sounds like you failed to turn in the computer at the end or your term of employment.

I don't know if they DA would consider this as a criminal act or not but you will surely lose in a civil court should it end up there.

just because you spent money on somebody else's computer doesn't mean you get to keep it.

1.) The company no longer exists, so how can it have property?
2.) I didn't fail to turn the computer back in at the end of my term of employement. All of the other former employees have also retained the computers, which we were supposed to do for the purposes of maintaining the site. That became a moot point when company merged with another company. They never requested the computers be returned. No other former employees are being asked to return their machines.
3.) We had to spend our own money on upgrading the computer to function for our job when we worked at the company. It's not like it's something I just started doing 2 years after they laid me off.

 

[justalayman]

=itsamberduh;2728269]1.) The company no longer exists, so how can it have property?

sure it exists. It merged with this other company. The company property then became the property of the merged company.

2.) I didn't fail to turn the computer back in at the end of my term of employement. All of the other former employees have also retained the computers, which we were supposed to do for the purposes of maintaining the site. That became a moot point when company merged with another company. They never requested the computers be returned. No other former employees are being asked to return their machines.

yes, you did. You said:

would be retained by the employees during the period of maintenance for the site

and then you said:

The company then merged with another company and needless to say the maintenance went out the window

as well as:

I worked for an internet startup company until December 2008 when all of the employees were laid off.

you were laid off; you have no right to retain the computer after that.

3.) We had to spend our own money on upgrading the computer to function for our job when we worked at the company.

that was something for you to deal with your employer then. Anything you installed after you were laid off has nothing to do with your employment there.

 

[itsamberduh]

You seem to be under the impression that I had an item they wanted back prior to today. They laid everyone off, sent us home with our laptops to maintain the site for free (a condition having to do with stocks) and have a nice life. I did what they requested when they requested it. When they merged with the other company they stopped requesting it, so I stopped doing it -- I can't do anything if I have nothing to do. So now I randomly hear back from them after 2 years and they want the computer back.

 

[itsamberduh]

And what do you suggest I do with the upgraded parts from post-employment. I have replaced and upgraded several parts that died on the computer. I've also upgraded the OS so it's compatible with modern technologies. No, I don't have the dead parts any longer to put back in the machine. I didn't save them because I didn't think they'd want the computer/dead parts back. I'm not sure if they even would want the dead parts.

 

[TheGeekess]

You seem to be under the impression that I had an item they wanted back prior to today. They laid everyone off, sent us home with our laptops to maintain the site for free (a condition having to do with stocks) and have a nice life. I did what they requested when they requested it. When they merged with the other company they stopped requesting it, so I stopped doing it -- I can't do anything if I have nothing to do. So now I randomly hear back from them after 2 years and they want the computer back.

My advice still stands. Remove the hardware you've installed, wipe and reload with the original disks send the laptop back and sell your parts and software on eBay. It's really not that difficult.

 

[justalayman]

They laid everyone off, sent us home with our laptops to maintain the site for free (a condition having to do with stocks)

so, explain that. How could they require you to do anything for free? Stock from which company?

 

[itsamberduh]

Stocks from the original company. When hired, I received some stock (10,000 shares valued at $10) plus an additional 30,000 shares of stock that I wouldn't be fully vested in for 6 years. The company only survived on its own before merging with the other company for 2 years. When we were laid off, we got a nice little memo saying something about accelerated vesting in return for maintaining the [company name] site as needed. I basically know nothing about stocks, so I can't give you much more detail than that. I can also tell you that all of the shareholders (all 3 of us, the owner, myself, and another of the original developers) had to sign a merger agreement as well.

 

[justalayman]

now you are getting into something totally different.

Unless your shares were converted to shares in the new company, they were gone when the companies merged, or at least they became worthless. Sure hope you got cashed out already.

Your claim of being laid off 2 years ago is meaningless. You were bound to provide a service as agreed after that until further notice apparently. Well, you just got notice. They want their computer back.

 

[eerelations]

Bottom line is, no matter what you have to say about it, the laptop belongs to someone else and you know it. If that someone else sues you for the laptop, that someone else will win the lawsuit. Period.

Just curious...why did you spend lots of $ on upgrades for a piece of equipment that you know for a fact doesn't belong to you?

 

[Zigner]

And what do you suggest I do with the upgraded parts from post-employment. I have replaced and upgraded several parts that died on the computer. I've also upgraded the OS so it's compatible with modern technologies. No, I don't have the dead parts any longer to put back in the machine. I didn't save them because I didn't think they'd want the computer/dead parts back. I'm not sure if they even would want the dead parts.

Those parts wouldn't have "died" had you packed the machine away. You got the use of a computer to TWO YEARS. The stuff "died" while you were using it for things not related to the owner of the machine.

*I* suggest that you send it back in a FUNCTIONAL CONDITION, substantially the same as when you got it. For example...if it came with 1GB of memory and you installed an additional 1GB of memory, take out the extra 1GB (that's fine). If you replaced the video card because it "died", then that new card stays with the machine. If you replaced the hard drive because it "died", then the hard drive stays with the machine.