I was given a toshiba retractable mini mouse to use on my emachine 350 but can't get it to work, does it need a driver?

Like other computer mice this one doesn't have any specific driver download:
1) Plug the mouse in the USB slot and check the laser beam under the mouse - if there is no light, the mouse is dead, and you should return it to the seller for replacement. (Such a thin cable of the mouse is very vulnerable and might break easily. More over I find many negative reviews about this rectractable mouse - so if your seller offers to replace it - ask for a different model or test it with your laptop right in the shop before bringing it home.)
2) Here is a solution that already worked for another user, but was very complicated: http://forums.toshiba.com/t5/Keyboards-Touchpads/USB-mouse-not-recognized-drivers-can-t-be-installed/m-p/23526
3) Or alternatively download and install a free driver updater software, e.g. http://www.innovative-sol.com/drivermax/index.htm - let it scan and update all your missing drivers - it may fix USB general problems if this causes also the mouse problems.