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Company Laptop, My Data — Can They Co-exist?

An anonymous reader writes "I recently replaced my old laptop. The owner of my company heard about this and offered to reimburse me for it, since he knows I have and will continue to do company work on my own hardware. I'd like the extra $1,250, but I think if I accept his offer that legally he has the right to any data on it (personal emails, files, blog posts, etc.). Even if I decide to put my personal stuff on a second drive, I'm worried that using company property to save and write to separate storage still gives them the right to it. The apps (Office, etc.) are my own licenses. We do not have a policy that intellectual property developed using company assets belongs to the company. But, if I figured out the One Great Internet Business Idea or write the Great American Novel and used the company laptop to do it, it's an avenue they could use to claim they own it. Unlikely, but scary. How many Slashdotters have been in this situation, and what agreement did you and your management come up with?"

33 of 395 comments (clear)

  1. Have them make it a bonus by Binestar · · Score: 5, Interesting

    If they just want to reward you for working on your own hardware, a bonus is the way to go.

    --
    Do you Gentoo!?
    1. Re:Have them make it a bonus by truthsearch · · Score: 5, Informative

      Exactly. We've done this at my company. Take the laptop or cash as part of compensation and there will be no legal issues because it will become a personal possession and not the company's. Get it in writing so there's no debate.

      In the poster's particular case, receive the $1250 as a simple bonus. Have them write a letter backing that up.

    2. Re:Have them make it a bonus by ThrowAwaySociety · · Score: 5, Informative

      Exactly. Your company has three options.

      1. A payment in the amount of the computer. It goes not your income taxes as a bonus.
      2. They transfer ownershhip to you. It goes on your income taxes as non-cash compensation for the value of the computer. It is your property afterwards; they can't take it back when you quit.
      3. They issue you a company laptop. It remains their property; if you quit, you have to return it.

      For 1 and 2, the computer is yours, and you can do whatever you like. Just like your car and your TV, which were purchased with money from your paycheck. The company has no say in what you do with the computer afterwards. You could even immediately sell them on eBay (though they'd probably be unhappy and demand the money back, and might fire you if you refused to pay them.)

      For 3, you shouldn't do anything personal on it, nor should you install any of your own licensed software on it..

    3. Re:Have them make it a bonus by iamhassi · · Score: 5, Interesting

      "I recently replaced my old laptop. The owner of my company heard about this and offered to reimburse me for it, since he knows I have and will continue to do company work on my own hardware. I'd like the extra $1,250, but I think if I accept his offer that legally he has the right to any data on it "

      No, why did you think that? They didn't buy the laptop for you and hand it to you and say "this is your company laptop", you bought a laptop yourself, put all of your own software and hardware into it, and the company offered to reimburse you for it. Did they say "this is now our laptop, and when/if you leave it's ours"? I'd get it in writing just to make sure, I could see that as being a potential problem, especially if they document it somewhere "reimburse XYZ for laptop", someone might come looking for it someday.

      "receive the $1250 as a simple bonus. Have them write a letter backing that up."

      Agreed. Helps the company really because they don't have to pay for the software or worry about licensing, if you have unlicensed software on there they can say "Really? We wouldn't know, it's not company property."

      In fact I'd approach it like that, I'd tell'em "Hey Boss just to make the paperwork easier so you don't have to keep track of the Office, Vista, Photoshop, etc licenses on my laptop can we write it up as a $1250 bonus? That way there isn't a $1250 check for a laptop and the company would not be responsible for keeping track of the software licenses."

      --
      my karma will be here long after I'm gone
    4. Re:Have them make it a bonus by ottothecow · · Score: 5, Informative
      There isn't a lot of information but unless there are strings specifically attatched to the reimbursement, it is just that--a reimbursement.

      I imagine this is quite similar to employers who do mobile phone or internet reimbursements in that they are offering it as a benefit and there is no transfer in ownership (though there may be some assumption of increased availability to work outside the office). When an employer reimburses you for personal vehicle use, they aren't claiming ownership on anything in your car...

      --
      Bottles.
  2. Easy Solution by eldavojohn · · Score: 5, Interesting

    Unlikely, but scary.

    Your fears are not unfounded. As someone who has had "e-mail forensics" done on his company's MS Exchange during an investigation of a coworker, I can assure you that while it may not be something that you've done to trigger this it does happen. And nobody wants to be in a compromising position should their relationship with their employer goes bad.

    So your solution is simple: send him an e-mail explaining that this new laptop is going to function as your main personal laptop with family photos and videos and whatnot. Tell him that you'd love to accept the $1,250 as an award or included with your next paycheck as special compensation but the laptop won't be inventoried or tagged by the company. Make it clear it's your property and not a company asset. Offer to bring in the invoice for him to look at if he's concerned you're buying a car with it instead and get it in writing. If you get the money awarded to you to do with as you see fit but you have an informal agreement that this will go toward your personal laptop, everything should be fine.

    --
    My work here is dung.
    1. Re:Easy Solution by Anonymous+Cowar · · Score: 5, Informative

      Speaking as someone with experience in the digital forensics field (and I have personally done far more than e-mail forensics mentioned above), if the courts find out that you do company work on your personal laptop, you are a subpoena away from having to produce it, with or without the $1,250 bonus. If you brought a personal external hard drive into work one day and someone saw you use it, you could have to produce that. Depending on how good your lawyer is compared to theirs, you may be able to have your personal items undergo a privilege process, but that doesn't mean that some forensics expert isn't going to be taking a complete copy of your hard drive and presenting findings about (but not the actual relevant data until approved or ordered by the courts) your laptop usage.

      Essentially if you get sued by your employer, it looks better if you just spread em wide and hope for the vaseline. There is no 'innocent until proven guilty' in civil courts, it's all about the 'preponderance of evidence' which means that if you can't say more about your innocence than they can about you're guilt, you're guilty.

    2. Re:Easy Solution by Critical+Facilities · · Score: 4, Insightful

      So your solution is simple:

      Yes, it is. However, I'd offer that the solution is different than what you suggest. The simplest thing to do would be, have your employer buy you ANOTHER $1250 laptop expressly for work. Problem solved. Now you have an "air gap" between your life, and work life.

      Why complicate things?

  3. No, it cannot by Knara · · Score: 4, Informative

    If there's doubt, then you cannot.

  4. slashdot is not your lawyer by Lord+Ender · · Score: 4, Insightful

    You need to ask a lawyer. His answer will depend, at least in part, on documents you have signed as part of your employment, and on state law.

    Personally, I know my company is too confused to ever go after me, my data, and my ideas after I leave, so long as I don't compete directly with them. I don't worry about their supposed ownership of my every thought and dream, despite signing those rights over to them.

    --
    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    1. Re:slashdot is not your lawyer by Hork_Monkey · · Score: 5, Funny

      You need to ask a lawyer.

      Please mod this up. Asking legal questions on an Slashdot forum is like asking 4chan for relationship advice.

    2. Re:slashdot is not your lawyer by tepples · · Score: 5, Informative

      Asking legal questions on an Slashdot forum is like asking 4chan for relationship advice.

      I see legal questions in Ask Slashdot as more of a "What should I know before talking to a lawyer?" type of question.

    3. Re:slashdot is not your lawyer by 91degrees · · Score: 4, Insightful

      Isn't that going to cost more than the laptop?

    4. Re:slashdot is not your lawyer by Anonymous Coward · · Score: 5, Funny

      Funny, I see asking 4chan for relationship advice as more of a "What should I know before talking to a lawyer?" type of question.

    5. Re:slashdot is not your lawyer by tool462 · · Score: 3, Funny

      It can work. TubGirl and I have been together for three years now. Sure, we've got to replace our linens more often than your average couple, but what relationship is without its problems? Overall it's going better than I could have hoped!

  5. Don't do it by H0p313ss · · Score: 4, Insightful

    Do everything in your power to keep your data and theirs separate. In fact I'd even recommend you stop doing their work on your hardware.

    If they want to provide you with a company machine then let them.

    --
    XML is a known as a key material required to create SMD: Software of Mass Destruction
  6. Re:What tracking is on your laptop??? by MyLongNickName · · Score: 5, Insightful

    Aren't they cute when they are young and so naïve?

    --
    See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  7. NO! by Aladrin · · Score: 4, Informative

    Do -not- use personal equipment for company use.

    Okay, I admit I do it. I have a $20 keyboard and $15 mouse that I brought in. But if something happened and I never saw them again, 'oh well'. They don't store any data, and they have no value other than their replacement value.

    A laptop? Are you insane!?

    Take the $1250, the company now owns the laptop. Do your personal stuff on a computer you actually own.

    KEEP THEM SEPARATE.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  8. An easier solution by Atmchicago · · Score: 4, Insightful

    Take the check for $1,250 and use it to buy a new laptop. You get a free laptop that you use for work-only, and keep the other one for personal stuff. I call that the best of both worlds.

    --

    You can lead a horse to water, but you can't make it dissolve.

  9. Re:Don't *put* your data on it. by mrvan · · Score: 3, Funny

    Right! Don't give your data to your company, give it to google! :-)

  10. Re:Don't *put* your data on it. by CarpetShark · · Score: 3, Funny

    Right! But keep the cache around for your company!

  11. Re:Simple... by __aamnbm3774 · · Score: 3, Informative

    Sorry, our network policy forbid this, and our firewall blocks most outgoing ports besides the basics.
    Sure, I could tunnel it through port 80, but at that point, I literally provide my employer with a reason to fire me if I do anything to piss them off.
    No Thanks.

  12. Re:Simple... by Forge · · Score: 3, Interesting

    I confuse the issue even further. I have a company issued laptop, from which I removed the company issued hard drive and then I installed my own Hard drive (80GB -> 300GB). They can have their laptop back at any time. I only need 47 seconds notice (I timed it).

    There is well established precedence that fired employees must be given time to remove personal items from the office, company car, company apartment etc... This may have been derived from the rules governing eviction of a tenant.

    Nobody (as far as I know) has sought to apply the same rule, either to data on a company drive or a personal drive in a company computer.

    --
    --= Isn't it surprising how badly I spell ?
  13. Worked out bad with a cell phone by snspdaarf · · Score: 4, Insightful

    I was going to buy a cell phone, from a carrier that had better coverage in the areas I frequented than the cell phones provided by the company. As they were getting ready to get another cell phone anyway, I asked that the one assigned to me be reassigned, and that if I used my new personal phone for business they pay for those minutes or give me a stipend for phone use. Instead, they bought me a phone of the type and carrier I wanted, and said they would rather pay for personal calls than to hassle with the paperwork the stipend or reimbursement of the calls. It worked fine for years, then one day they called me in and said pack up and get out, hand over the keys and your phone. There was no time to pull off my phone list, or delete any text messages. I had some of the numbers in other places, but not all of them. And, I had to quickly go out and get a new phone and update everyone with the new number. Now, I carry two phones, one is mine,. one is theirs, and business and personal never combine. I would do the same with the laptop. But, I would make them buy the laptop, not take the money and buy one with it. That way there is no doubt which machine is theirs.

    --
    Why, without your clothes, you're naked, Miss Dudley!
  14. Re: Another option, #4 by operator_error · · Score: 4, Interesting

    #4, Why not use a USB stick as a complete Ubuntu workstation? Here are instructions to make a stick that will either run in a QEMU window on a host Windows OS, _or_ you can simply boot-up directly into Ubuntu?

    http://www.pendrivelinux.com/all-in-one-pendrivelinux-2008/

    So you can have your cake and eat it too. During work hours, just insert your USB stick when you need access to your own PC.

  15. Re:Don't *put* your data on it. by StikyPad · · Score: 4, Funny

    My company IS Google, you inconsiderate clod!

    Reading Slashdot is, uh.. my 20% time.

  16. Re:Simple... by commodore64_love · · Score: 4, Interesting

    >>>There is well established precedence that fired employees must be given time to remove personal items from the office, company car, company apartment etc.
    >>>

    Is there? When my contract expired a year ago, General Dynamics didn't even let me inside the building. Instead they carried everything out to me, and as it turned-out some items were missing, like the award I got from my previous employer Lockheed. They even went so far as to keep my music CDs and MAIL them back to me "after they were scanned" one week later. I threatened to call the local police, but it had no effect to change their minds.

    Perhaps you better rethink your plan, because you might NOT get a chance to reclaim your personal hard drive from your desk (or wherever you store it).

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  17. Re:Simple... by commodore64_love · · Score: 4, Insightful

    Good advice. Most places don't let you access the outside world except via the HTML browser.

    I would take the ~$1300 if my boss wants to reimburse me for my laptop. I never turn-down money, and realistically I'm just an average schlub like everyone else. I'm NOT going to write the next great american novel. I'd just make sure that if I have any personal data, like pics of my kids, to offload it onto my home PC or a separate USB drive.

    And of course keep silent. The boss doesn't need to know everything I type into his laptop. If I create a PS3 emulator, he doesn't need to know about it. Just offload it to my home PC and he'll never know it existed.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  18. Separate what you're doing. by Animats · · Score: 3, Interesting

    If you're really doing something of value on your own, be very serious about keeping your own work and your employer's work separate. When I did this, the work I was doing at home was on a different kind of computer than I used at work, in a different subject area. I even used a different color of scratch pad for my own work (yellow for the employer, green for my own work). For the employer's work, I used blue pens; for my own work, black pens of a different brand. No paper or media associated with my own work ever entered the employer's premises.

    This is a hassle. It is far less hassle than the litigation required to untangle things if you succeed at what you're doing.

    It worked out very well for me, and I was able to retire before I was 40.

  19. Re:Simple... by cmdr_tofu · · Score: 5, Insightful

    Hmm when our coworkers leave we usually get together after work for pizza and beer to see them off. I guess some work environments are less friendly than others.

  20. Re:Simple... by supernova_hq · · Score: 4, Insightful

    I threatened to call the local police, but it had no effect to change their minds.

    And you didn't WHY? Throwing empty threats around like that does nothing but make it harder for those of us who really WILL call the cops to get any justice.

  21. Re: Another option, #4 by Eil · · Score: 3, Informative

    #4, Why not use a USB stick as a complete Ubuntu workstation?

    Where the OS is loaded from or where data gets saved is irrelevant. If the company's position is that it owns the laptop, and an employee uses it to create something, the company can reasonably argue in court that it owns the created work.

  22. Re:maybe not that simple... by zary · · Score: 3, Interesting

    You've made it easier to separate, but you still haven't proven it doesn't belong to the company.

    Makezine: "If you can't open it, you don't own it."