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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3989
Experience:  30 years of experience
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I joined my company 15 months ago. I was informed that I would

Customer Question

I joined my company 15 months ago. I was informed that I would need a good vehicle to travel from store to store and I would be compensated for the mileage. Now, I am being told that it is mandatory that I lease a vehicle from the company. They will provide me with a gas card, however, I will have the cost of the vehicle lease deducted monthly from my paycheck. I currently have 2 car payments on newer vehicles and do not need a third payment. Only employees driving over a certain number of miles are mandated to do this. All others will continue to receive compensation. I feel that I am being forced to take a cut in pay to lease a vehicle I do not need. Is this legal?
Submitted: 2 years ago.
Category: Legal
Expert:  RobertJDFL replied 2 years ago.
Thank you for using Just Answer. I look forward to assisting you this evening. While this is probably one of the dumbest employer policies I have ever heard, unfortunately, there is no law, federal or state, that makes it unlawful. Because your employer is applying the policy equally ("all employees driving over X amount of miles per year must lease a vehicle") it does not run afoul of any law. Only if the employer were applying the policy in a discriminatory manner ("Only women must lease a company vehicle", "Only minorities who work for us must lease a vehicle") would it run afoul of employment laws. I'm sorry I cannot tell you otherwise. Should you have any follow-up questions, please use the REPLY feature, and I'll be happy to assist you further. Thank you.
Customer: replied 2 years ago.
Thank you, ***** ***** employees in California and Hawaii were told that they are not mandated to participate, regardless of how many miles they drive, they can choose to if they desire. That seems like it is not the same across the company. So that would seem like there must be some law in place if those states are exempt.
Customer: replied 2 years ago.
do I rate my satisfaction now or after you respond to my reply? Thank you
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is Alex.
I have reviewed your original expert's answer and it is absolutely correct and accurate, but because certain employment laws vary from state to state, it is likely that both California and Hawaii might have state laws, that would prevent the company from enforcing the same policy on employees in those states, however, it would still be legal to enforce such policy in the states that do not prohibit such rules.
I would encourage you to positively rate your original expert's answer or if you have any related follow up questions, please address them to your original expert.
Thank you and Good luck!
Customer: replied 2 years ago.
no call needed. thank you
Expert:  Gerald, Esq replied 2 years ago.
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
I do not disagree with the prior experts who have responded to your question. The policy does not to my knowledge violate employment laws.
However, I have a slightly different take on the situation. It may be that your original terms of employment, which required you to provide your own vehicle, created a term and condition of employment. Therefore, there is an argument that you have a "condition of employment contract" that the company is now breeching. In that regard you have a contract dispute with your employer.
This is very tricky however, because if you take the wrong tactic in approaching the company on this, they may decide that you are a problem employee and either fire you or "manage you out the door" in a manner where decide to resign.
You know the players involved (I of course do not). So you need to consider how you wish to approach this. Are there reasonable senior people that you can go to to obtain relief, or is it a company that puts employees needs last?
I wish I had a simple black and white answer for you, but this is one where you need to exercise your best judgment and your best negotiation skills.
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.
If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.
Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.