Contractor vs Employee

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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 2 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 2 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.


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