What constitutes reimbursable business mileage?

Prior to hiring me, my employed forced me to drive 54 miles to their location to have my DMV record pulled. It could have been done over the phone or I could have spend the $2 and do it over the internet and just be reimbursed. Yet, she forced me to drive all the way to their location only to find out that she was sick for over 2 days and forgot to cancel the appointment and made me waste my time and money for no apparent reason. Is this a work related expense and

subject to mileage reimbursement? They are claiming it is not and that they are not willing to pay for it.

Asked on March 8, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Reimbursement is *always* voluntary on the employer's part unless you have a written employment contract requiring it. That is, no law requires any reimbursement of mileage or, indeed, any other cost or expense borne by employees for work--an employer may legally require employees to bear these expenses without reimbursement. Therefore, if your employer refuses to reimburse you for the mileage, they don't have to pay it and you can't force them to. Save the record of the mileage for your tax preparer; you may be able to get a deduction.

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