Template: Contract language for issuing devices
Last updated April 7, 2023
Without the right contract language, your organization may not be able to recover organization-owned devices from employees after they are terminated.
Maximize enforceability
If something isn't in your employment agreement, it's probably not enforceable. In fact, your template should already say something like "this agreement constitutes the entire agreement between the parties". If you didn't include device ownership and recovery
Contract language
You can use these clauses to help ensure maximum compliance with your organization device policy:
| Clause | Explanation |
|---|---|
|
A "Device" is any piece of electronic equipment capable of storing data. |
Define the terms you will be using. |
|
Employee agrees to return all Organization Devices to Organization within 10 days of receiving box and pre-paid postage from Organization. |
Set a timeline. Make it easy to comply (you can use ReReady to for the box and postage). |
|
If Employee fails to return any Organization Device as agreed, Organization will invoice Employee for the market price of the Organization Device. Employee agrees to pay such invoice within 30 days of delivery, or be subject to debt collection efforts. |
Declare a fall-back plan. Debt collection is the most effective option. |
Conclusion
Work with your contract attorney to incorporate this language into your remote employment agreement. If it results in a single device being returned that otherwise wouldn't, it's worth the money.
By including the necessary language in your employment agreements, you can maximize your ability to recover devices from employees when their employement ends.
Disclaimer: We are not your attorney, and this post contains no legal advice or guarantees of any kind. This post simply contains ideas you may wish to share with your attorney.