Can an Employer Refuse to Reimburse Mileage when Mking Me Use My Personal Car
My question involves employment and labor law for the state of: Indiana
My husband was hired at a shop close to home. Since being hired, they have shut down most of that shop and are now requiring him to travel to 2 different shops anywhere between 50 and 100 miles per day. They are making him use his own car and are not reimbursing for mileage. Is there a law that says they have to? This was not in his job description when he was hired.
Re: Can an Employer Refuse to Reimburse Mileage when Mking Me Use My Personal Car
no, they do not have to reimburse him. If it is a job related expense, he can take the mileage as a deduction on his taxes.
the one thing I am not clear on is: is he required to drive as part of his employment or is it simply that he is required to go to these other shops to do his job.
and just a note:
25-50 miles, one way (you did state 50 and 100 miles per day so I presume you were speaking of round trip) is not an excessive distance for one to drive. I currently drive 28 miles one way and have been required to drive 52 miles one way. If I did not want to drive, I could always refuse the work, just as your husband can.
Re: Can an Employer Refuse to Reimburse Mileage when Mking Me Use My Personal Car
He was hired on at the local shop. In the past months, they sold most of the bays at the local shop to Walmart. In doing so, my husband, along with one other employee, has had to go to the local shop, load up his tools into the company box truck and drive to the other shops to preform whatever work needs to be done. That was a pain, but doable since the company was providing the truck and gas. Then 2 weeks ago, the company box truck broke down. My husband and his partner now must load up their tools in there personal vehicles and drive to one of 2 shops. One is 50miles away, the other 40. So yes, he has to travel to do his job, but this all changed with out notice and it was not required WHEN he got hired. He was hired at the LOCAL shop, not at either of the 2 remote ones. Add to that the fact that a company truck was provided previously and now is not, that my husband is A TRUCK mechanic, and they will not even let him fix the company truck off the clock or on. He cannot just refuse to work, or he will get fired and has a family to support, is there no protection for people whom are hired to work at a certain place doing a certain thing and then have it change with out notice or compensation? So knowing this additional info, does anyone know of any leverage we may have to request compensation for mileage from the company?
Re: Can an Employer Refuse to Reimburse Mileage when Mking Me Use My Personal Car
Unless he has a legally enforceable and binding contract that guarantees that he can never be required to work at any shop but the local ones and guarantees him the use of a company truck, it doesn't matter one whit what the situation was when he was hired.
but this all changed with out notice and it was not required WHEN he got hired.
Irrelevant. Notice is not required by law and an employer may legally change the conditions of employment any time he wants to unless a legally binding and enforceable contract or CBA specifically says he can't.
there no protection for people whom are hired to work at a certain place doing a certain thing and then have it change with out notice or compensation?
Only as already indicated.
So knowing this additional info, does anyone know of any leverage we may have to request compensation for mileage from the company?
There is none. No Federal law and no law in any state except California (and in some instances - NOT this one - Massachusetts) requires an employer to pay mileage. Regardless. With the sole exception already noted.
Re: Can an Employer Refuse to Reimburse Mileage when Mking Me Use My Personal Car
Has it occurred to you he should get another job if the expense outweighs the benefit? I commute 60 miles each way. My wife used to commute 43 each way, until she changed jobs. It is a choice, if you want the job.