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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16391
Experience:  Licensed Experienced Attorney
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My boss makes me use my own personal vehicle up employees

Customer Question

My boss makes me use my own personal vehicle for picking up employees both ways is over 300 miles. where can i file a complaint he only gives me gas money but he makes me use my own vehicle.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Alex Esquire replied 1 year ago.
Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Why do you think you have grounds for complaint, if you did not object to the request?
Customer: replied 1 year ago.
It was not in my job description and I am the GM at a remote resort and was told they need to be picked up so I did it but its ridicoulous how much wear and tear to my car.
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

Do you have a written employment contract?

Are you going out of the way to pickup these employees?

Are you paid for the time it takes you to pickup the employees?

Customer: replied 1 year ago.
I have a contract and it does not include that. Yes I travel 100 miles everytime i pick someone up it takes 2 hours there and then 2 hours back. I am salary but only get gas money for the trips.
Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.
Do you travel to pick your employees during your regular work hours?
Customer: replied 1 year ago.
no its on my days off or night or early morning. I am the GM of a hotel and probaly work 100 hours a week anyway. Which is another question what is the law on OT for salary as I am on call 24/7 no back up.
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

1) Salaried workers are excluded from any overtime pay requirement, so there is no set amount of weekly hours set for a salaried employee.

2) Also, salaried employee would have to first object in writing to the requirement to pick up any other employees on his own time and in his own vehicle and/or request for the company to reimburse the employee for the mileage / time expanded on such pickups.

3) If the employer doesn't comply with the request and an amicable resolution is not reached, then employee can consult with an experienced local employment law attorney and pursue a legal claim against the employer based on the breach of employment contract.

You can find an experienced and skilled local employment law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to employment law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.
I wish you the best of luck!

Expert:  Alex Esquire replied 1 year ago.
Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.
Customer: replied 1 year ago.
Ok you were not very much help. It's not part of my job to pick up employees
Expert:  Alex Esquire replied 1 year ago.
I have provided you with clear and accurate answer to your question.
I am sorry that the law might not favor your situation, so please let me know if you have any related follow up questions and if not please accept and positively rate my answer, so I can be compensated for my work.
Thank you!