What are my legal options regarding mileage reimbursement?

My company sent me to another location out of state for 4 days to help out. I took my personal

car to drive down there. I accrued a total of 559 miles from the hotel to the job site. I was paid

the hours I worked, reimbursed for my expenses such as food but was never reimbursed for the miles I put on my car. It’s been about 5 months and I have yet to receive anything. When I would inquire about it I’m always told

Asked on August 20, 2016 under Employment Labor Law, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, without an employment contract or union agreement of some kind, you have no rights regarding milege reimbursement; a business is not legally required to compensate a worker for this. That is unless, their not receiving such a reimbursement constitutes a form of legally actionable discrimination. Otherwise, in an "at will" employment arrangement, a company can set the conditions of employment much as it sees fit. If this is unaccaptable to you, you can complain and risk termination/suspension, etc., or quit. While unfortunate, those are your only real options. That having been said, you should keep your mileage records as you may be able to deduct the associated expenses on your income tax return.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Mileage reimbursement is not required by the law: companies are free to make their employees use their own vehicles without reimbursing them. They can choose to reimburse you, but cannot be required to do so. Keep the records of your travel & mileage and provide them to your tax preparer; you may be entitled to a tax deduction for the miles.

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