Underpaid Mileage Reimbursement Lawsuit
Summary
You may have a claim for underpaid mileage reimbursement if it was specified in your employment contract. Check your contract for any termination clauses or grounds for termination. Save any written communication or evidence regarding your termination, as it could be crucial in a wrongful termination case.Full Conversation
Can I sue my previous employer for underpaid mileage reimbursement? My previous employer paid me an untaxed monthly car allowance of $*. I kept a detailed monthly mileage log from January to July. My mileage log showed that I was being significantly underpaid for mileage. According to the IRS mileage standard, I presented this information to my previous employer and attempted to set up a meeting on three separate occasions I also called the person that is in charge of that department and was told that I needed to claim the difference on my tax returns. Apparently as an employee, I cannot claim that deduction on my tax returns, and that only self-employed employees can. After presenting this information to my employer, I was then let go without notice.
My vehicle suffered an extreme amount of wear and tear as well as a high number of miles being put on it. There’s probably about a * to * difference between the allowance and the IRS mileage rate and that does not include the expense for gas each week.
What state are you located in? The laws regarding mileage reimbursement vary by state.
iowa
What was the total mileage you drove for work purposes from January to July?
In Iowa, employers are not legally required to reimburse for mileage. However, you may have a claim if your contract specified reimbursement.
In Iowa, employers are not legally required to reimburse for mileage. However, you may have a claim if your contract specified reimbursement.
*,*
Did your employment contract mention anything about mileage reimbursement? In Iowa, employers aren't legally required to reimburse for mileage unless specified in the contract.
i was given $* a month for a car allowance and was told to claim the rest on my taxes
Did your employer provide this car allowance agreement in writing?
yes
Did your written agreement specify the allowance as a full compensation for mileage or was it stated that you could claim the difference on your taxes?
it states that if there is a discrepancy that I have 60 days to notify them, which I did
What was your employer's response when you notified them about the discrepancy within the 60 days period?
My boss stated that we could talk about it. Then the head of that department told me to claim the difference on my taxes. I then was fired
Did you receive any written communication about your termination? This could be crucial in a wrongful termination case.
No, I was told that an email was sent to my work email but they closed that email so I could not access it
Did you manage to get any other form of written communication or evidence regarding your termination?
i found out I was fired when someone in IT messaged me asking to return the laptop
Did you manage to save or screenshot that message from the IT department? It could serve as evidence of your termination.
yes
Did your employment contract have any clause about termination or did it mention any grounds on which you could be terminated?
im not sure
Could you please check your employment contract for any termination clauses or grounds for termination? This information could be crucial for your case.