Legal Question in Business Law in Oklahoma

Contract Labor

I am an independent consultant, I purchased a laptop and a client reimbursed me for the majority of the dollar amount as an Expense Reimbursement. My services were no longer needed by this client, but they are demanding I turn over the equipment. It was also listed on my 1099 for tax purposes. Do I have to surrender the equipment?


Asked on 3/01/07, 10:37 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Contract Labor

You were issued a 1099 for the expense amount, so it would appear that the employer can prove that they paid you money for this expense. However, unless there is a contract that specifies that the computer will be returned to them on the completion of the assignment, or words to that effect, there is nothing that gives them legal title to the computer since you purchased it and were reimbursed for it. Absent an agreement or some oral contract between you and the employer, you do not have to return the computer. However, any data on the computer that belongs to the client must be returned, particularly if it is proprietary.

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Answered on 3/01/07, 10:46 am


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