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I'm wondering about the rights I have in regards to company equipment post termination.

My question is this: Am I ever entitled to keeping or selling gear or does it belong to the company indefinitely?

My situation:
I was employed for about 18 months and in that time the company purchased a bunch of camera and computer equipment for me to use in my role.

They allowed me to take this gear home and use it, outside of work hours, for freelance. And this was part of our contract.

I was let go from a position 2 years ago with all of this gear in my possession. At that time I clarified verbally with my manager and asked via email about keeping the gear to use for freelance, and they said I could still use it.

I have had no contact with my previous employer ever since.

I did sign a standard contract that said that upon termination I have to return company gear, but I am wondering since I have had it in my possession and because of our verbal agreement.

The contract states — "14.7. If your employment ends for any reason, you shall immediately return all Company property to the Company including but not limited to all keys, security passes, documents, papers, computer equipment, cell phones, credit cards and confidential information."

Any assistance here would be greatly appreciated!

Thank you for your question. Pursuant to your contact, you are required to return all Company property to the Company, at the end of your employment for any reason. You can contact the Company to advise that you no longer require the use of their equipment. Further, you can ask if they would like you to return the equipment.
The Lawyers at Samfiru Tumarkin LLP
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