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An employer wanting a gift back

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evelyn

Guest
My husband just recently quit his job for a new one. His former employer gave us an old computer that she had sitting in her basement. Needless to say it needed alot of work so in the past months I have been reprogramming it to make it a working computer. Now that he has quit she wants the computer and all of the software that she gave us back, because she is mad that he quit. We told her that we didn't want to give it back since it was a gift. Now she is threatning to take this to the local District Attorney and try to get him arrested. Does she have any right to take a gift back? And can he get arrested for not giving it back? I am in the state of Kentucky and I would really like some legal imput in this matter. Thankyou very much..Evelyn
 


ALawyer

Senior Member
My bet is she will say it was NOT a gift, as companies rarely make gifts without tax cosequences, but the right to use a company computer to work at home with on a temporary basis.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
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Attorney_Replogle

Guest
Though A Lawyer is right in his analysis, I would urge you to consider and argue the obvious. That it was a gift. A gift is a gift is a gift. It matters not whether the giver is an individual or a corporation. If it is a gift, then you don't have to give it back.

So what if it is your word against hers. Her possible claims that she would not give it to you without getting a tax break or that it was for your husband to use at home can be overcome. Since it was not useable in the shape that it was given to your husband, the potential tax break was maybe $10. Oh wow!

And the fact that you had to put your own money, that has not been reimbursed, to make it working also shows that it was not intended to be used for working at home. So relax and call her bluff.

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Mark B. Replogle
 
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Evelyn

Guest
Thankyou Mr. Repogle.
I really appreciate your help. My husband is was a carpenter so in no way was the computer ever intended for work at home use. It was soley a gift. Thankyou again for your help..Evelyn
p.s.
so far she hasn't done anything so I hope this is all over.. :)
 

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