Legal Question in Business Law in Pennsylvania

my husband offered to go to a seminar selling ads...on company time he went, listed, yada yada...mean while there was a drawing for a 55inch flat screen tv. you could put your businesses card in or you name if you didnt have on on you. HE WON!!! which was great because our tv broke 2 day earlier. He returns to work...boss/owner asked how it was he said it was fine and that he also won a tv. end of story. 2 months later tv company calls his work to get the vin number of the tv. Boss answers phone finds out its not just a tv but a 55inch tv...now she says since he won it on company time he needs to bring the tv to her at work because she feels that it was won on company tiime that the company gets it. We are NOT giving the tv back because we dont feel that that is legal or fair in any way...help!!!


Asked on 10/19/10, 6:23 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say if the boss really felt the TV was won and company time and belonged to her, she would have said this at the time she found out your husband won it. And it wasn't a drawing that awarded the TV to the business listed on the card either - it went to the individual. Make her aware of these facts. The only problem is she may try to get even by laying off or downsizing your husband. If he doesn't have a written employment contract, his employment is "at will." Consult with a good business attorney in your area for specific advice.

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

Franchise Attorney

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Answered on 10/24/10, 7:28 am
Kevin B. Murphy Franchise Foundations, APC

As a follow up to my previous answer, you can also check and see if the company's Employee Handbook addresses this issue. Chances are it doesn't, and then you're back with the original argument. Even if it does, and says employees must turn over stuff won at drawings, your husband still can say that policy was waived by the boss. She knew he won it and didn't say "boo" for 2 months until she found out it was a 55 inch-TV. Consult with a good business attorney in your area for specific advice.

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

Franchise Attorney

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Answered on 10/24/10, 9:44 am


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