If I was paid mileagewhen I traveled for my job, if I resigned shouldn’tmy employerhave paid for my mileage to get back home?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was paid mileagewhen I traveled for my job, if I resigned shouldn’tmy employerhave paid for my mileage to get back home?

I worked for a company as a traveling manager and was paid mileage when I traveled from one location to another. When I resigned they refused to pay my mileage back home from TN to NC. Aren’t they required to pay me for my return trip home?

Asked on July 6, 2011 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The key element is that you *resigned.* If you'd been fired while away from home, then the company should have paid your mileage to get you back home, assuming that paying for your mileage was the ordinary policy and/or part of an actual agreement between you and the company, as you indicate it was. However, you resigned--you were the one who voluntarily severed the employee-employer relationship. Once you did that, it was under no obligation to pay for your travel any more, inasmuch as you were no longer an employee. Moreover, you controlled the timing of when you resigned--you could have easily waited until you were home. Since the timing and location was under your control, not the company's, it is not liable for the consequences of your choice.


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 with SHA-256 Encryption