Should I Get Paid Mileage

[AndrewF]

My question involves business law in the state of: Michigan

I work for a fairly larger computer consulting company and have been contracted out two days a week to do IT related work work in another county. All-in-all I have to drive and additional 80 miles more per week than I would if I just went to our office. We do get paid mileage for everything else but I was told because I report directly to work in the other county and drive directly home that it does not qualify. And if they are correct can I write this off on my taxes?

Love this site! First time poster and thanks for the help.

[Barrister]

Is the contract work you do in the other county for a third party or is it work in another office of your consulting company?

[AndrewF]

It's a third party, they contract me to assist their full-time network administrator and act as his backup when he needs a vacation.

[Barrister]

In other words, the 3rd party contracted your employer to provide an on-site part-time network administrator, and your employer choose you to do the work?

[AndrewF]

That is correct.

[Barrister]

I am not an expert by any means, but to my thinking, your employer is sending you on official business and I don't see why it should be any different if you drive straight from your home or from your office.

This may be wrong though, and if so, I'm sure someone will correct me.

On the other hand, why don't you go to your office, clock in and then drive over? If the 3rd party needs you for 8 hours a day and it takes you 30 minutes to drive there, you should be paid for 9 hours. That's my opinion anyway.

[AndrewF]

Yeah that's seems like the logical answer and I understand the only being paid for 8 hours regardless of drive, but I would think the miles should be covered just based on the ware and tear of my car. I was however given the opportunity to decline the contract if I choose...

[jk]

Yeah that's seems like the logical answer and I understand the only being paid for 8 hours regardless of drive, but I would think the miles should be covered just based on the ware and tear of my car. I was however given the opportunity to decline the contract if I choose...

your job station is wherever your employer tells you to report to. If that is the office, then anything after that is work time and you would get paid for it. If you are to report to some different site, then driving to work there would be no difference than driving to the office and there is no requirement to pay you for this. As well, unless I am mistaken, this is not tax deductible either as it is simply driving to and from work, which is not deductible.

I suspect if you report to your office first and punch in and claim the drive time to the other work site as work time, I would suspect you would join the ranks of the unemployed shortly. You have no right to unilaterally make such decisions unless your boss authorizes you to make such decisions.

Based on your post:

I was told because I report directly to work in the other county and drive directly home

I suspect you do not have the authority to make the call.

[SChinFChin]

It's an interesting question. I take public transportation to work, costing me 2.25 each way now. From time to time, they send me to seminars, out of the office, it takes me the same amount of time to get there as the office, I get out two hours earlier, still cost me 2.25 one way, yet, for seminars I get reimbursed for the commuting,

Doesn't make sense to me, though I'm not complaining.

I done some consulting work out of the office too, in a past job, and the company rules are if it exceeds a certain mileage, I can collect. I had some consulting gigs that's closer to my home than the office.

Do I owe them anything??

So I don't think there are hard and fast government rules on it, as I think it's more company policy.

[KeyWestDan]

Well, although there is no law that controls the situation, the facts tend to support your position.

You are not employed by the two day per week company. They are not cutting you a check. They are a third party that pays your employer, and you can be sure they are paying your employer a hell of a lot more per hour than you are getting paid.

Regardless that you drive directly there and back, you are NOT doing it for your benefit, you are doing it for the benefit of your employer. They are responsible. The employer is just being cheap and they know they have the upper hand.

I would suggest they can certainly afford to pay you mileage.

At the same time, you don't want to make this too much of an issue.