I drive for transportation, can my employer can cut my time saying that it took me too long to reach my destination even if I made it there on time?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I drive for transportation, can my employer can cut my time saying that it took me too long to reach my destination even if I made it there on time?

I drive for a private Medicaid transportation company and I use the company van. Every morning I get in my van I write my time down because there is no time clock and on payday my hours are not correct because my employer may say it took you too long to get from point A to point B. However, I’m still on the clock and I’m not late picking my member up.

Asked on March 5, 2017 under Employment Labor Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Assuming for the moment that you did take "too long"--that is, longer than it should have taken you, given distance, roads, traffic conditions, etc.--the employer still may not reduce your hours UNLESS they have actual evidence that you lied about the time (e.g. information from a GPS system showing that you sat in a parking lot, maybe having a cup of coffee, when you should have been driving, or that you went somewhere other than where you were supposed to go). With such evidence, they do not have to pay you for time not actually spent doing your job; but without such evidence, they'd have to pay you. If you were not paid for all the work you did/time you spent when the employer did not have an evidence-based reason to not pay you, you could sue the employer (e.g. in small claims court) for the additional pay you should have received, but did not.
That said, if they felt that you were just generally being too slow in how you did your job, while they would still have to pay you for all the work you had done or time you had spent, going forward, they could do any/all of the following: terminate you; suspend you; reduce your work/hours; demote you; cut your rate or wage. There are many actions an employer may legally take if dissatisfied by how an employee is doing his/her job; but the thing they can't do is cut your time or pay without evidence that you were not working when you said you were.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption