Get Legal Help Today
Secured with SHA-256 Encryption
I’ve been working for this company for several
months. The past two months they have been
withholding my mileage check from me due to
‘funds.’ Everything is documented. Can they do
Asked on June 27, 2017 under Employment Labor Law, Kentucky
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If when you drove those miles, there had a been at that time an agreement that they would reimburse you for the mileage, then to fail to do so is breach of contract: violation of the agreement, even if only an oral, or unwritten, one under which you drove for work in exchange for mileage reimbursement. So legally, if the agreement between you at the time had been that they pay for mileage, they should pay you. Unfortunately, practically, there is no good way to get the money if the don't voluntarily pay: the only way to involuntarily get it from them is to sue them. Suing your employer can be a drastic step, and may not be worth the impact on your career, or also the cost and time of the lawsuit, for the amout of money at stake.
Note that there is no law requiring mileage reimbursement, and unless you have a written employment contract guarantying it, they can change their policy going forward: that is, they can decide to not provide reimbursement, and that new policy, while not applying to miles already driver, will be in effect for future miles from when they announce the policy to you forward.
If either there are financial ("funds") problems at work, or if they don't honor their committments, this may not be a good place to work. You may wish to seek other employment. When you do get another job and are not dependent on them, at that time, you can decide whether to sue for the mileage they had owed you or not.
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.