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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50114
Experience:  Licensed attorney helping employers and employees.
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How far can my employer make me drive without compensating

Resolved Question:

How far can my employer make me drive without compensating me.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Infolawyer replied 5 years ago.
Your employer must compensate you for travel time during work, but not travel time to work or from work to your home.
Customer: replied 5 years ago.
I know that, but if they are telling me I need to switch my offices can they do that and make me drive 60 miles extra each day without compensation.
Expert:  Infolawyer replied 5 years ago.
Yes, if the job is relocated you need to cover the expense of travel to and from work unless you can negotiate otherwise.
Customer: replied 5 years ago.

So you are saying they can tell me out of 5 others that I need to travel 60miles more prer day to another office without getting paid for the travel costs. If I were to turn that down, can they turn me down for unemployment benefits?

Expert:  Infolawyer replied 5 years ago.

First, if other employees are being paid for the travel time and you are not, you may be able to better negotiate to have payment given to you, especially if you are being singled out because of your race, gender or age.

 

If you are laid off and its not for cause you would qualify for benefits.

Customer: replied 5 years ago.

Noone else is getting travel expense, I am going to turn down the 60 mile commute and am afraid they are going to make me go anyways. If they do make me, can I say no and stay in my old office? I dont care if they fire me, I am just worried I wont get my unemployment benefits.

Expert:  Infolawyer replied 5 years ago.
If you do not relocate, they may fire you and if they do you likely wont qualify for unemployment benefits. The change is not a material change in employment to the point of constituting a constructive termination. A typical example is if your pay was cut in half, you could resign and still get unemployment benefits. If you are fired, you can apply for benefits but their challenge to it likely will be upheld.
Customer: replied 5 years ago.
Ok, last question. Is there a certain number of milage that my company can make me travel? Example would be them telling I must travel 1 hour per day if I want to keep my job. Even with my old office is still open.
Expert:  Infolawyer replied 5 years ago.
There is no such cut off point. As the employer can just fire you for no reason with no consequence it can also relocate and leave it to you to get there. I am sorry but the law is on the employer side on this issue subject to your ability to negotiate.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50114
Experience: Licensed attorney helping employers and employees.
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