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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99978
Experience:  Lawyer
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Can my company withhold my expense check because of a policy

Customer Question

Customer: can my company withhold my expense check because of a policy change in mileage log reporting. Seems the policy has been change but it contradicts my original employment agreement i signed. they are withhold all fuel, hotels, meals travel, until i get the log straighted out.
JA: Thanks. Can you give me any more details about your issue?
Customer: my original employment agreement states that a vehicle will be provided to me, and ALL related costs to operationg that vehicle will be provide by the company. Now they have changed that policy to all employees, but my agreement hasnt changed. So they are holding back ALL my expense chechs for Hotels, meals, travel, parts for company owned equipment......Do they have the right to do that
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you able to get the log straightened out?

Does your contract say that from time to time they can make changes in how you have to log your expenses?

Are you in a union?

How long have you worked for this employer for?

Customer: replied 1 year ago.
No to the fuel log
No my employment agreement doesn't say that they may make changes. Do they have to change my agreement when a policy is changed. Or can they send out an email saying we have changed our policy
No I'm not Union
15 months
Expert:  Debra replied 1 year ago.

They cannot change the policy if your contract guarantees that you can log these expenses in a certain way and you'll get paid for them. They are in breach of their contract.

However, the only way you can enforce this is for you to sue them after quitting and claiming constructive dismissal. Do you know what constructive dismissal is?

Expert:  Debra replied 1 year ago.

If you don't let me know and I will explain.

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