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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5065
Experience:  Extensive experience representing employees and management
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Can your employer pull my car allowance if they find out you

Resolved Question:

Can your employer pull my car allowance if they find out you had a DUI, 5 months ago, and it happened at night, on the weekend, not on Company time. They are also requesting I get a driving record from DMV. I also have a driver's license and a lot of insurance. None of this is in the Employee Handbook either. I'm in an Executive position as well, if that matters
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

Do you have an employment contract with your employer that states that you are entitled to a car allowance or are you an at-will employee?

Customer: replied 1 year ago.
Hi Joseph,

Both. It's written in my contract but it's also an At-Will employment.
Expert:  Joseph replied 1 year ago.

Unfortunately, it can only be one or the other. If you are an at-will employee, your employer is free to change the terms and conditions of your employment at any time for any reason with or without any prior notice.

 

However, if you have a contract with your employer, then the terms and conditions of your employment can only be changed with a new employment contract, or your employer would be in violation of those terms of the contract.

 

Since you mention you are an at-will employee, most likely, your employer is able to take away your car allowance for any reason (or no reason at all), including you having a DUI even though it was on your own time and doesn't have anything to do with work.

 

However, if you have a contract guaranteeing you a car allowance, then your employer would need to substantiate that you somehow breached that agreement through getting a DUI. Otherwise, you would have a cause of action against your employer for taking away your car allowance.

 

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

 

Please let me know if you have any follow up questions.

 

If not, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5065
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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