Is it legal to withhold mileage reimbursement because of termination?
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Is it legal to withhold mileage reimbursement because of termination?
I gave my 2 weeks notice to my job and worked the full 2 weeks, however I was told that they had terminated me 2 days prior to the end of my 2 weeks. Also, die to my termination they would not be giving me my mileage check that I have already worked for and earned. Is that legal?
Asked on June 17, 2016 under Employment Labor Law, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As a general rule, employers are not required to reimburse employees for certain, including travel expenses. However, there are certain exceptions to this. For example, if a union/employment contract provides for reimbursement, not paying such a reimbursement would constitute come form of legally actionable discrimination, or if an employer promised to reimburse the employee for travel, and it was on the basis of that promise that the employee expended money on it. in the latter case, the promise may also be enforceable under a theory known as “promissory estoppel” (or "detrimental reliance"); this means that people cannot renege on promises they made which others relied on to their detriment and which the promisor knew the other would rely on. In your instance, you were promised repayment of your travel expenses, based on that you incurred them and after the fact your employer tried to go back on its promise to pay them. Under the facts as presented and assuming you have all appropriate proof, you can sue or former employer in small claims court for reimbursment and/or you can file a complaint with your state's department of labor.
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