When I started working for this company I was told I would be provided a vehicle, a company credit card and gas card. Recently they took away the CC because others had been abusing theirs, so they took them away company wide.
Last week, I went to put gas in my vehicle and my gas card wouldn't work. When I called in, I was told I had the wrong card and they would be sending me a new one.
They suggested I pay for the gas up front and expense it. I informed them I could not afford to do that and was told I would have to take the days off without pay.
I am an hourly worker and can't afford to pay up front and send in receipts to be reimbursed a week later.
Is it legal for them to name me take the days without pay until they get me a new gas card?
Depends on your employment agreement.
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
Yes, although unfair, this is not unlawful.
You are considered to be an at will employee unless you have an express agreement to the contrary with your employer. As such your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That gives the employer the right to change its terms and conditions about reimbursement of auto expense at any time. The Labor Code only requires that an employer reimburse the employee for expenses that are incurred for the benefit of the employer. It does not require an employer to pay the expenses as incurred. Therefore it is not unlawful to require you to pay for your gas and pay you later for the expense.
As an at will employee your employer can discipline you and even terminate you for any reason or no reason at all. It is therefore also lawful that your employer has made you take days off without pay. Sorry, but your choice as an at will employee is to find other employment if you do not like the terms offered by your present employer.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
This is certainly legal and many employers avoid this situation directly as a result of what you stated in your query: that "..others had been abusing.." the privilege previously provided by the employer. There is no entitlement to the benefits that you lost.
DISCLAIMER: Please be advised that this communication does not establish an attorney-client relationship. The information provided by WFB Legal Consulting is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.
Yes, it is legal. Keep track of your mileage, and turn that into the employer on a timely basis. You should be able to get reimbursed for the expenses relatively quickly.
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