What if the prize had been a complimentary dinner worth $12.00? Would the employer have insisted then? I would suggest that the value is a smoke screen of the real issue: "Do employers routinely require employees to disgorge conference premiums?"

I would suggest that the motivation behind the prize was to induce the conference attendee to view the contributor's display. Did the employer require the employee attend all the conference displays? Was the provider of the prize a potential supplier of the employer? As I said , "The dollar value is smoke!"

Bob Lamb   ...deep in the heart of Texas

ANNE LAWTON wrote:

> Jordan:
>
> Jordan:
>
> My initial reaction is that the company paid his way to the conference, he was there on company business, and I assume the ticket was in his name, but as a representative of his company. In other words, he was not there personally, but as a functionary for his firm. If so, the prize is the company's, not his.
>
> But, practically, it seems to me the real question is whether he wants to make a legal stink out of this.  If so, he could win the battle but lose the war, so to speak.  Now, $12,000 is a lot of money, but if he keeps the prize only to piss off his superiors, is it worth it, especially if he generally likes his job and wants to stay there for awhile.
>
> I'd be interested to see what others think, though.
>
> Anne Lawton
> >>> "Leibman, Jordan H." <[log in to unmask]> 03/15/00 12:06PM >>>
> Colleagues:
>
> I received a call yesterday from a friend who described a situation in which
> he was involved that raised an interesting legal issue.  He asked for my
> counsel, which I was unable to supply with any assurance.  Perhaps one of
> you has expertise in the matter and could help us out.
>
> The situation somewhat simplified and sanitized to protect confidentiality
> is as follows:  A manager is sent by his company, at company expense, to a
> national high tech trade show and conference.  Various exhibitors have
> donated door prizes to be awarded to attendees based on free tickets they
> have received upon registration.  The manager wins by lottery drawing a
> valuable prize worth about $12,000.  The certificate he receives is in his
> name so that initial title resides in him.  When he returns to his office
> the corporate CEO informs him that the prize actually is company property
> and insists that he assign it or its value to his employer.
>
> Question:  Does the employer have a valid claim?  Does the intent of the
> prize's donor matter?  Can this case be distinguished from "usurpation of
> corporate opportunity" cases?  Or cases involving frequent flier miles
> issued initially to business employees?  Can the manager entirely reject and
> return the donor's gift?
>
> Thanks for your help.