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Samuel Alan Wong

Samuel Wong’s Answers

2 total

  • Can my employer offer mileage to one employee but not another?

    I held the same position as another employee in my company. We were both in sales and were reimbursed for mileage for client meetings. We both telecommute and in my offer letter it states that I report to my home office instead of the corporate...

    Samuel’s Answer

    The general rule is that employees are not entitled to mileage reimbursement for the commute to and from work. However, since you work from home and it was agreed that you would "report" to your home office, you may technically have an argument for mileage reimbursement when you drive to the corporate office.

    Whether your employer is engaging in gender discrimination is a tougher question. As another attorney pointed out, in order to prove gender discrimination, the employer must be giving her preferential treatment due to her gender. Here, there could be a number of reasons why she is receiving mileage reimbursement and you are not (e.g. she lives much closer to the corporate office, prior agreement, etc.). There is simply not enough information to determine whether the differential treatment is based on gender.

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  • Walmart forcing associates to work everywhere in the store even though its not in their job description. Help!

    I work for Walmart in connection center. That is my primary job code. Am I obligated to work in other areas in the store such as electronics, photo, unload the truck and cart pushing? Meanwhile I am not receiving a raise for working in these extra...

    Samuel’s Answer

    The short answer is: Walmart can force its associates to work in different departments or perform different duties regardless of job description. This is assuming the associate is not subject to an employment agreement and is not being retaliated or discriminated against.

    The response given is not intended to create an attorney-client relationship. It is not legal advice. The response given is based upon very limited facts, and thus, to the extent additional or different facts exist, the answer might be different. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law.

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