Is it legal to withhold mileage reimbursement because of termination?

UPDATED: Sep 30, 2022

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Is it legal to withhold mileage reimbursement because of termination?

I gave my 2 weeks notice to my job and worked the full 2 weeks, however I was told that they had terminated me 2 days prior to the end of my 2 weeks. Also, die to my termination they would not be giving me my mileage check that I have already worked for and earned. Is that legal?

Asked on June 17, 2016 under Employment Labor Law, Mississippi


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general rule, employers are not required to reimburse employees for certain, including travel expenses. However, there are certain exceptions to this. For example, if a union/employment contract provides for reimbursement, not paying such a reimbursement would constitute come form of legally actionable discrimination, or if an employer promised to reimburse the employee for travel, and it was on the basis of that promise that the employee expended money on it. in the latter case, the promise may also be enforceable under a theory known as “promissory estoppel” (or "detrimental reliance"); this means that people cannot renege on promises they made which others relied on to their detriment and which the promisor knew the other would rely on. In your instance, you were promised repayment of your travel expenses, based on that you incurred them and after the fact your employer tried to go back on its promise to pay them. Under the facts as presented and assuming you have all appropriate proof, you can sue or former employer in small claims court for reimbursment and/or you can file a complaint with your state's department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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