What Happens to Gifts and Property Given to Employees When They Are Fired?

When an employee is fired, the company can have different expectations regarding the items provided during their employment. Understanding the nature of these items is crucial to avoid any misunderstandings or legal complications. Here, we will explore the typical scenarios and the actions required in each case.

Classification of Company-Provided Items

Items provided to employees can be broadly classified into three main categories: items that are property owned by the company, items that are essentially gifts, and consumables.

Property Owned by the Company

Whether an item is considered property owned by the company depends on how it was provided and its intended use. Typically, items that are essential for conducting business or performing job tasks are considered property and must be returned. This includes assets such as:

Computers Tablets Keyboards Software licenses Appliances (e.g., coffee machines, refrigerators)

Gift Items

Gift items, on the other hand, are usually allowed to be kept by the employee. This classification includes items that were intended as tokens of appreciation or benefits, such as:

ELocker room bags with company logos Shirts with company logos Safety wear (e.g., overalls, safety shoes) Pencils, pens, and other office supplies

Company-Supplied Items for Job Performance

Items that are provided for the specific purpose of performing job duties may fall under a middle ground. These items could be tools, electronic devices, or other equipment that the employee used or didn't use. The handling of these items can vary depending on the company's policies and the specific item in question.

Legal and Policy Considerations

Important to note is that the classification of items is often controlled by the company's internal rules and policies. Employers may have specific guidelines on what happens to items when an employee leaves. These policies can be found in employee handbooks or on the company's intranet. It's important for employees to review these policies to understand their responsibilities.

Reclaiming Items

If an employee is asked to return items, this request should generally be made before the employee leaves the company. The process for reclaiming items can vary, and it's best to follow the company's preferred method. This might include:

Handing over the items in person Sending the items by mail Using a designated return process through IT or facilities

Consequences of Not Returning Items

Failure to return items that are considered property owned by the company can lead to various consequences. The company may:

Chase the employee for the cost of replacement items Withhold final payment (if applicable) Take legal action to recover the items

It’s in both the employee's and the company’s best interest to follow the proper procedures and ensure that all property is returned.

Conclusion

When an employee is fired, the management of workplace items is a key consideration. By understanding the nature of the items, following company policy, and keeping communication lines open, both parties can ensure a smooth transition. This not only helps prevent misunderstandings but also maintains a professional and cooperative relationship.