What is considered to be

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What is considered to be

My job cought on fire. It is a business in the medical field in which we deal with high client list of patients. My old iPhone broke prior to

that. My boss wanted me to buy a phone so I could call the patients of my language. I then bought an inexpensive phone. I used it briefly. He told me to get a nice phone because the insurance company will pay for it. He called me one evening and said he bought me a phone what color would I like? Than he asked me how I liked my phone. To my understanding it was my phone. So a month later I ended up leaving the job. We were working from their home since the place was burned down. I quit now they want the phone back and sold it. Can they take me to court and fine me?

Asked on March 17, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Who paid for it? If it was the employer, and they bought it for you for their own benefit or purposes, and/or for you to use at or for work, then it most likely would have been considered their property, since it was something paid for/provided by them for work. They would be entitled to get it back, but should not be able to hold you liable for its loss unless they can show you were "at fault" in causing its loss or destruction (e.g. it was destroyed or lost due to your negligence, or unreasonsable carelessness). Person A is only liable for damage to or the loss of person B's property is A was at fault in causing the damage or loss.


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