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MShore
MShore, Attorney
Category: California Employment Law
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My company offers auto allowance of $350 per month to managers

Resolved Question:

My company offers auto allowance of $350 per month to managers as a benefit that appears on monthly paycheck. I was not paid this for 7 years and when I found out I should be receiving this by my VP of finance the matter was turned over to our HR department. There were several possible recourses offered such as T&E the additional amount but when I said I would do that, they said wait, let us check to see if there is another way. They decided to only pay me for 18 months and turned down paying me the full amount. Their rationale was this amount was a large amount that was too old to pay and I should have known about this benefit and brought it to their attention earlier. Do they owe me the outstanding balance of $18,000?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  MShore replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. Do you have an employment contract? Was this benefit something that was automatically granted to other employees in your position?
Customer: replied 1 year ago.

I dont have a contract and it is available to every employee in my position.

Expert:  MShore replied 1 year ago.
Is it automatically provided or do employees have to request it? If employees must request it, how do employees know to do so?
Customer: replied 1 year ago.

it is automatically provided and no one has to request it. This benefit was part of my old company and when we were acquired in a deal done nationally with the new company in August 2006 the benefit disappeared off my paycheck. I was never told it would continue and did not have any reason to believe it was part of the new company's benefits. I knew it was available for my direct reports who are titled Account Executives and they do outside sales work. I did not know it was available for managers.

Expert:  MShore replied 1 year ago.
Thank you Bonnie, then yes, the employer owes you the $18,000 as it represents compensation, even though not paid in the form of a salary, it is a benefit of clear monetary value offered and available conditioned upon your employment. As you remained employed, you are entitled to the benefit and if they persist in denying you that benefit retroactively, you should seriously consider retaining an attorney to contact them on your behalf. I want to make sure I have answered your questions. If I have note answered your questions or if you have any follow up questions, please let me know. If I have answered your questions, please positively rate my answers.
Customer: replied 1 year ago.

should i seek attorney with any specific specialty or just any general lawyer, it is a large global company.

Expert:  MShore replied 1 year ago.
An employment law attorney would be best suited. If you do not have any attorney in mind and would like a referral, consider utilizing the CA lawyer referral service: http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Phone is: 1-866-442-2529 or
866-44-CA-LAW

(toll free in California

If I have note answered your questions or if you have any follow up questions, please let me know. If I have answered your questions, please positively rate my answers.


MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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