Can an employer give a benefit to some employees but not to others?

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Can an employer give a benefit to some employees but not to others?

The company I work for is a non-profit. In the past, employees that moved out of state by their own choice were reimbursed for travel back to company headquarters for various events. I have recently moved out of state and my employer is asking me to pay for my travel back to headquarters for various events. Is this legal?

Asked on October 3, 2012 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is legal. While certain benefits (like health insurance or retirement benefits) have laws which govern who receives them and at least limit the ability to deny them to certain employees, other benefits, like vacation days, tuition reimbursement, expense accounts, and travel reimbursement, are completely at the employer option. An employer is free to offer these to some employees but not others.


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