If I was paid mileagewhen I traveled for my job, if I resigned shouldn’tmy employerhave paid for my mileage to get back home?
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If I was paid mileagewhen I traveled for my job, if I resigned shouldn’tmy employerhave paid for my mileage to get back home?
I worked for a company as a traveling manager and was paid mileage when I traveled from one location to another. When I resigned they refused to pay my mileage back home from TN to NC. Aren’t they required to pay me for my return trip home?
Asked on July 6, 2011 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The key element is that you *resigned.* If you'd been fired while away from home, then the company should have paid your mileage to get you back home, assuming that paying for your mileage was the ordinary policy and/or part of an actual agreement between you and the company, as you indicate it was. However, you resigned--you were the one who voluntarily severed the employee-employer relationship. Once you did that, it was under no obligation to pay for your travel any more, inasmuch as you were no longer an employee. Moreover, you controlled the timing of when you resigned--you could have easily waited until you were home. Since the timing and location was under your control, not the company's, it is not liable for the consequences of your choice.
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