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I'm trying to find out my rights in a legal issue I'm

I'm trying to find...

I'm trying to find out my rights in a legal issue I'm having

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's a dispute between me and my former employer

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Customer reply replied 2 months ago
I was working for a construction company and they were using my personal truck and it was getting beat up. So I asked for a ladder rack to transport stuff instead. He gave me no stipulations for getting it and just said "sure, give me the specs". I took it as a gift which is the only reason I ruined my truck bed for the install. They had to drill holes in my truck bed to install it. As you can see the receipt in my attachments it's in my name, but they paid for it over the phone with a CC. I no longer work there and they're demanding I give it back. Is it within my rights to keep it or do I have to give it back? And if I have to give it back would they have to fix my truck bed? They also replaced my power steering pump. Would they be able to take that back?
Customer reply replied 2 months ago
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Customer reply replied 2 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 23 hours by:
5/24/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 2 months ago
Of course

Thanks so much for your patience. Ok, so the big issue here is whether this was a gift or whether it was something given to you for the purposes of your employment. This is going to turn on things like what your supervisor said and what the intention of the parties were at the time of contracting. If the boss never told you that they were only doing this short term, if you suffered some damages to your truck for the modification, and if there was no indication at all that you were to ever give it back, then this was a gift, similar to someone getting a new set of pens and a paper on their first day. Now, your case may be hurt by the fact they paid for it. If they paid for it, that could work as evidence in their favor, but that's not conclusive. Regardless, the more evidence that suggests that this was not a loan, but a gift, will work in your favor.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 2 months ago
it doesn't matter that the receipt is in my name? They never said anything at all about having to give it back or that it was short term.

I don't think it matters whether the receipt is in your name necessarily. I think what matters more is what happened at the time of them giving you this stuff. If they didn't make any indication that you were to give it back, then it was a gift. This isn't something that would be implied like a uniform or tools. Because this was affixed to your truck, it suggests it was a gift.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 2 months ago
Great! It was a gift. Thank you so much. Color me satisfied

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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