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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19773
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I am currently driving a company provided vehicle. Verbally

Customer Question

I am currently driving a company provided vehicle. Verbally agreed on when I was hired three years ago. My employer now wants me to buy my own and pay me .55 per mile. In the long run this will cause me to pay some of the charges out of pocket. Do I have a breach of contract claim and what would be the best route to persue that claim if I do?
Submitted: 3 months ago.
Category: Legal
Expert:  Marsha411JD replied 3 months ago.

Hello,

Thank you for the information and your question. Unfortunately, unless you actually have a written contract that locks in all the terms and conditions of your employment, including the company vehicle, for a certain term, there is no contract. In other words, an employer always has the right the change the terms and conditions of employment going forward absent a written term contract or bargaining agreement that states otherwise. That is part of the nature of being an "at will" employee.

Any expenses that you incur with your own vehicle that you can tie directly to your job, and are not reimbursed by the employer, can be deducted from your income taxes as unreimbursed employee business expenses.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 3 months ago.
In California a contract is binding if written or verbal
Expert:  Marsha411JD replied 3 months ago.

I understand that there are verbal and written contracts. However, an offer by an employer is not a contract that cannot be changed going forward. The employer only has to honor the agreement unless and until they notify the employee of the change going forward. So, for example, an employer agrees to a certain salary. The employer is always able to change that salary once they give notice to the employee that it will change. However, they still owe the old salary for all work performed prior to the notice. This is the nature of the agreement you have unless it is written and for a specific term. That is the law.

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