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March 2000

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Subject:
From:
Brad Sleeper <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Wed, 15 Mar 2000 11:51:12 -0600
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Jordan,

It would certainly surprise me to find law supporting any claim of interest
in the prize by the employee.  Assuming from his expense reimbursement that
his presence at the show and conference was exclusively professional, and
that he wouldn't have been in a position to receive the ticket and
resulting prize without his employer's funding and duties, how could the
employee have any personal interest in any benefit derived from the show?
The intent of the donor, even if relevant, was to solicit the employer's
business, not the manager's personal patronage.  If the manager returns the
gift (and why would he? revenge? if I don't get to keep it I'll send it
back?), the valid claim may be by the employer for restitution.

I'll await other more law-based reponses, but I have not run across any
legal (nor do I see any ethical!) support for the employee.


Brad Sleeper
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Brad Sleeper                            Professor of Business Law
BB 307                                  email:  [log in to unmask]
St. Cloud State University              telephone:  (320) 255-4227
St. Cloud, MN  56301-4498               fax: (320) 255-4061

To laugh often and much. To win the respect of intelligent people, and the
affection of children.
To earn the appreciation of honest critics and endure the betrayal of false
friends.  To appreciate beauty. To find the best in others. To leave the
world a bit better, whether by a healthy child, a garden patch, or a
redeemed social condition. To know even one life has breathed easier
because you have lived. This is to have succeeded.      - Ralph Waldo Emerson

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