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Is it legal to be charged for mileage out of my paycheck. I am paid by the mile and have no contract.

Port Crane, NY |

The employer is based in Ohio, I live in Ny. I was an over the road truck driver. After the decision was made to termerminate my employement with company, the truck was returned to there facility, everthing was ok with truck and there was nothing wrong with the load that was in the trailer. When my paycheck came I was charged for out of route mileage in the amount of $373. There is nothing in the company handbook and policy & procedures about this. Is there anything I can do to get my hard earned money back?

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Attorney answers 2


You can contact them and explain why the mileage is correct, or it it isn't, why you drove the extra mileage. Unfortunately, if they are not located in NY state, you cannot file a complaint with the NYS Department of Labor, but if you contact them, they can direct you to the Ohio agency.


You may wish to the labor department in Ohio if a frank discussion with the ex-employer is not fruitful.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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