Contractor vs Employee
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Contractor vs Employee
I was hired as an independent contractor for a startup company. They asked me what I would need to do my job. I listed several items. They gave me a laptop and started treating me like an employee so I brought it to their attention. They let me go due to
Asked on May 13, 2019 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
This laptop was given to you in order to aid you in the perfomance of your job duties. Therefore, it was not a gift, it was company provided equipment and as such remains your former employer's property. Accordingly, you will need to return it.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you do. The laptop was clearly not a gift or compensation for working: it was a tool provided to you so that you could "do my job." Because it was provided only for you to do your job for them, it is their property and now that your job is over, you just return it. If you do not, you will be committing a form of theft.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.