Legal Question in Business Law in California

My friend/ex-coworker left our company about a month ago (willingly). He had been "uprooted" from Glendale to Solvang, and drove there Sunday nights and came home Friday evenings. He was compensated for gas/food and stayed in a hotel (which is the company's, we work in hospitality). He had a relatively new car (no more than a year old) that now is in need of repairs totaling $600-$700 from the "wear and tear" of the work commute (he commuted for 10 months, and put approximately 10,000 miles on his car as a result). Can the company be liable for the damages?

Also, even though he left the company willingly, could he qualify for unemployment benefits? He left because he could no longer be "uprooted" and live in a hotel, while paying rent, utilities, etc. on his apartment where he only stayed 2 days a week.

Thank you for your feedback!


Asked on 8/05/09, 2:16 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

As you stated, your friend already received additional compensation for the "wear and tear" on his vehicle. If he didn't feel that the compensation was adequate, he should have spoken up sooner rather an after the fact.

Your friend voluntarily left the company, so I am unaware of any legal basis for him to claim unemployment at this time.

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Answered on 8/05/09, 2:23 pm
Terry A. Nelson Nelson & Lawless

The company is probably not liable for 'damages', they paid per diem or mileage as compensation. He is unlikely to win UI benefits. Had he quit upon first demand for commuting, maybe he could have.

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Answered on 8/05/09, 2:39 pm


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