Legal Question in Business Law in California

I work for an online tech publication in an unpaid position. My boss and I recently attended Google IO, a developers conference/expo, where we were registered as press members. Regular attendees are charged $100+ to attend this expo and press members are free. During the expo, Google surprised everybody attending by giving out a free EVO 4g smartphone on the last day.

My boss claims that the phone Google gave to me belongs to the company and that I need to surrender it to him. His reasoning is that since I went through the company, and that I would have had to pay $100 if I didn't go through the company it belongs to him. He has stated his intent to sell the phone and use the profits to fund company expenditures. My argument for keeping the phone is that Google gave the phone to me personally, and to everybody else attending the expo. The phone wasn't given exclusively to press members.

The only contracts I have with the company is an NDA and an equipment-loan agreement. The loan agreement only talks about products that go to the company, and then to me for evaluation and review. I do not believe this agreement applies to this case since the phone went directly to me and not the company first. The only analogy I can think of is tipping a waiter. The waiter is under the restaurant's time, the waiter wouldn't be getting tipped unless he or she was working at the restaurant, but the transaction of the tip is between the customer and the waiter. The only difference between this analogy and my case is that tipping is "under the table" while there is an official record of who Google gave the smartphones to since it is such a high-value item.

Does my boss have the legal right to sieze this phone from me? Thank you for your help!


Asked on 6/03/10, 2:00 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If he doesn't pay you, you aren't his employee, tell him to go whistle.

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Answered on 6/03/10, 5:07 pm
Grenville Pridham Law Office of Grenville Pridham

I believe Mr. Stone's advice is sound; even though, he won't be the one whistling. I am curious, why are you volunteering for this online outfit?

I would also add that the answer to your question lies within your facts; "the phone Google gave to me."

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Answered on 6/03/10, 5:25 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorneys are right on point. Google gave the phone to you, not to your boss or his company. The other issue to keep is mind is consequences. If you hold to your legal position, your employment may end. But then again, what are you doing working for free to begin with? Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/04/10, 6:49 am
Anthony Roach Law Office of Anthony A. Roach

I think it is your phone, if Google gave the phone to you. If you are unpaid, it is hard to believe you are an employee. You are more analagous to a volunteer, so it is different than your waiter/ waitress analogy. Plus the phone was a gift. Your boss sounds like a goober.

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Answered on 6/07/10, 5:35 pm


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