How can I get a written letter from my previous employer saying that they don’t reimburse for mileage?

I am getting audited from the IRS. They are asking for a copy of the reimbursement policy from my previous employer. My previous employer is being uncooperative and now the IRS is asking for me to pay them back all because I couldn’t provide a statement from the company saying they never reimburse me.

Asked on July 6, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't get this letter from them if they won't give it to you voluntarily unless you fight the IRS, are sued by them, and in the lawsuit use a subpoena to compel a manager, etc. there to testify on the record as to their policy. (You can only compel testimony, information, or the provision of documents in a legal action.) But taking deposition testimony by itself will typically cost your $1,200 - $1,800, let alone the other costs of litigation; it is not at all clear this is worthwhile. 


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