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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I AM A DEALER TRADE DRIVER FOR SERVERAL CAR DEALERS IN THE

Resolved Question:

I AM A DEALER TRADE DRIVER FOR SERVERAL CAR DEALERS IN THE CITY OF HOUSTON TX AREA. I RECENTLY TURNED IN A BILL FOR MY SERVICES TO ONE OF MY DEALERS I DRIVE FOR, AND THEY CUT MY BILL FROM .32 CENTS A MILE TO .25 CENTS. CAN THEY LEGALLY DO THAT WITHOUT LETTING ME KNOW???
Submitted: 6 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 6 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

do you have any type of contract with them stating the .32 cents

wallstreetesq. :

If you are self employed,

wallstreetesq. :

the IRS has announced you can deduct

wallstreetesq. :

beginning July 1, for the last six months of 2011, taxpayers can deduct 55 cents per mile.

wallstreetesq. :

so even if they only paid you .25 cents you can still deduct 55 cents as per the new law if it applies to you

Customer:

I HAVE FILLED OUT A W-2 FORM WITH THEM AND HAVE BEEN DRIVING FOR THEM FOR NINE MONTHS AT .32 CENTS AS WE AGREED UPON WHEN I STARTED. I WAS NOT REQUIRED TO HAVE A CONTRACT FILLED OUT.

wallstreetesq. :

If you are an employee, do you pay the expenses out of pocket?

Customer:

I PAY FOR THE GAS THAT IS REQUIRED TO GET FROM POINT (A) TO POINT (B) AND THEN THEY REINBURSE ME.

wallstreetesq. :

If your employer has changed the reimbursement without notice to you, that is wrong for that particular period,

wallstreetesq. :

however if you are an at will employee and have no contract they are allowed to change the rate,

wallstreetesq. :

The only benefit you have is that when you file your taxes, you can deduct 55 cents per mile, on your taxes, minus whatever they paid you

wallstreetesq. :

Under the law, and employer is not required to reimburse an employee

Customer:

DO I HAVE ANY LEGAL ACTION OR AM I JUST SCREWED OUT OF MY MONEY I HAVE COMING???

wallstreetesq. :

if they made a verbal promise to you, it may be possible to sue your employer for the difference but it would have to be litigated, and not worth your time, as you would get the difference back when you file your taxes, as you can deduct up to 55 cents per mile

wallstreetesq. :

The tax deduction is available for employees who itemize deductions on their tax returns. In addition to deduction of business miles using the IRS standard mileage rate, an employee may deduct parking fees and tolls related to vehicle business use.




Customer:

I AM NOT WORRIED ABOUT MY TAXES NOW. THEY GIVE ME A 1099 FORM AT THE END OF YEAR FOR WHAT THEY PAID ME. THERE ARE 3 OTHER DRIVERS INVOLVED IN THIS, AND THEY STILL OWE ME $300.00 AND THEM OVER $1100.00.

wallstreetesq. :

do you get paid on a w2 or 1099?

Customer:

CAN THE LABOR BOARD OF TEXAS HELP US OUT?? WE GET PAID ON 1099

wallstreetesq. :

So you are not an employee but a contractor, and that would be different,

wallstreetesq. :

you can sue them now for a breach of contract, since you are not an employee

wallstreetesq. :

the Department of Labor would not represent you, but you can sue them now in small claims court for the underpayments, as you can claim they agreed to .32 cents, and breached their verbal contract with you

Customer:

THANKS FOR TIME.

wallstreetesq. :

Good luck,

wallstreetesq. :

I would also consider sending them a letter threatening legal action they may try to settle with you

wallstreetesq. :

If you have any further questions please do not hesitate to ask

wallstreetesq. :

If satisfied please press the accept button so we can receive credit

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