What are my rights regarding my employment?

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What are my rights regarding my employment?

I am currently working as a visiting nurse and travel over 100 miles a day for a small company. Our work policy says to submit milage weekly. However, due to budgets they are not paying for travel and are giving out $40 gas cards instead, which I have yet to see. If I leave the company, there is a fine because they have paid for advanced schooling for me to become a foot care wound specialist. They are also asking me to go out of my district.

Asked on February 7, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If there was an agreement or policy to pay you for mileage and you incurred the mileage, they have to pay it to you; however, they can pay it in gas cards instead of cash. If they won't pay it, you could sue them for the money: i.e. for the amount you can prove you travelled and drove and which you can show they would have, under the agreement or employment policy in effect at that time,  reimbursed or paid. So if you incurred mileage under a policy that they would provide compensation, they need to compensate you as per that policy, but unfortunately, if they do not do so voluntarily, your only option is to sue for the money.
2) They can, however, change their travel or mileage policy at will: there is no law requiring that employers pay or reimburse for this. Unless you have a written contract guarantying you this compensation (which agreement is for a fixed or definite length of time, like a one-year contract, and is still in effect or unexpired), they can at any time announce a change to or the end of reimbursement or payment for travel/mileage and from that moment forward, do not need to pay you--though they need to pay for any mileage/travel you incurred prior to the change in policy.
3) Your employer, not you, determines your territory or district: they can ask you to go out of "your" district at will.


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