Return of corporate assets: mobile employees

When a company issues a computer to an employee, the computer is the company's property.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, when a company issues a computer to an employee, the computer is the company's property. There is no form necessary to maintain the company's title to the computer. If, during the term of employment, the company gives the computer to the employee, or the employee buys the computer, the title changes to the employee. If the computer has not been given to, or bought by, the employee, then the employee must return it. Failing to return it is not only wrong, but is theft (criminal) and can be reported to the police. The fact that there are employees in different states has no bearing on this issue, other than to potentially make it expensive to recover the computers or their value.

In all liklihood, a letter to the employee indicating that if the computer is not returned that a report will be filed with the employee's local police department is likely to resolve the matter. Having the necessary forms in place will be helpful in the long run, but is not a necessity. Furthermore, depending on the state, the employer may be able to withhold final wages (up to the value of the used computer) until the computer is returned.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Aug 4, 2008 09:04 AM [EST]