My employer forces me to use my personal vehicle for work. My boss has decided I have to go to a seminar that will put 300 miles of wear and tear on my vehicle and I have no say in the matter. They think this is moral just because they pay mileage but I don't think they have the right to impose themselves on my personal property and they refuse to pay for a rental. So, they make a decision that affects me, I have no say and I have to pay for it in one way or another. Is this legal and if so, why??
2006-10-26 05:15:04 · 10 answers · asked by ? 4 in Politics & Government ➔ Law & Ethics
You don't have to use your car; you can take the mileage & use some other form of transport. Slavery has been abolished. If you think it's unfair, quit.
2006-10-26 05:23:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Travel reimbursement should be outlined in the personnel policy for the office that you work for and work related travel is probably a requirement listed in your job description. If this is the case, then it's a clear requirement for the job and is nothing illegal. If this is not the case, then if you are fired for refusing to go you would have a strong case for wrongful termination.
You may want to calculate what the mileage reimbursement would be. It is possible it would cover the cost of the rental and you could avoid the wear and tear on your own vehicle.
Usually a mileage reimbursement policy not only takes into account the cost of gas, but also the wear and tear on your vehicle. Otherwise, they would only be reimbursing you for gas and not mileage.
2006-10-26 05:24:47 · answer #2 · answered by Tamborine 5 · 0⤊ 0⤋
After August of 2005, I am almost certain the mileage reimbursement went to .48 per mile. I took a tax prep class last spring and remembered calculating mileage for several months at .44 and the rest at .48.
If you agreed to using your vehicle when you signed on to this company then there isn't much you can do about it if it pertains to work (like sales). Classes and seminars though, I am not so sure. Might be wise to contact a tax professional or even the IRS.
2006-10-26 06:01:47 · answer #3 · answered by mickeyg1958 4 · 0⤊ 0⤋
Just make sure they are reimbursing you a good amount for mileage. IRS allows 44.5 cents per mile. If your company is not reimbursing that amount, then you should be able to file the difference with your 2006 tax return. I agree with you, though. I would prefer to put the miles on a rental car. Otherwise, you need to save some of your mileage payment to apply toward a down payment on a new car when they say your mileage is high.
2006-10-26 05:25:07 · answer #4 · answered by jboatright57 5 · 0⤊ 0⤋
Unfortunately, I think yes. Simply because they are using the paying mileage thing. Could you come up with an excuse not to go? Three hundred miles is alot of wear and depreciation on your vehicle. I also would be complaining to my boss. Maybe if enough people would complain about such things, they could purchase a vehicle for such purposes. Good luck !
2006-10-26 05:28:19 · answer #5 · answered by jenny in ohio 3 · 0⤊ 0⤋
Look at it this way, if you get in wreak while driving on company time in your OWN vehicle, they could be liable. They have more money than you do. Also, workmen's comp will have to pay for your lost wages if you miss any days.(Though workmen's comp is a joke, its better than nothing). I would save my gas receipts and oil change receipt. I would demand they pay for AT LEAST the gas along with the mileage. Three hundred miles is a long drive and gas isn't cheap. Surely, your employer can understand that.
Take Care
2006-10-26 05:31:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
They reimburse you for mileage. That covers the cost of "wear and tear" on your car. You are being compensated.
Actually, they would probably benefit from paying for a rental car instead. It would likely be cheaper. Try getting a quote for a rental car (and gas) and compare it to the cost of reimbursing you for mileage.
2006-10-26 05:20:53 · answer #7 · answered by Phoenix, Wise Guru 7 · 1⤊ 0⤋
Did you ever read your employment contract? Usually, most clever companies require that you have a personal mode of transport, but they do reimburse. So, since there is reimbursement you cant say that they are forcing you, they are doing their part after all.
Why dont you approach your HR department and talk to the concerned person.
2006-10-26 05:34:32 · answer #8 · answered by freshlimesoda 3 · 0⤊ 0⤋
I would look into it further in YOUR contract for employment.
Most companies that have external classes/seminars have, as a requirement, that you have reliable transportation, this could be construed as you needed to be able to drive at times, your own vehicle.
2006-10-26 05:19:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If you are being paid for mileage then you are being paid for the wear and tear so therefore there is nothing illegal going on
2006-10-26 05:23:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋