Legal Question in Employment Law in Georgia

Forced to work at home

I have 20+ years at Allstate Insurance Company. In an effort to reduce overhead, Allstate decided that they would close our office and require all employees to work at home. Allstate will pay for one phone line installation and on-going monthly costs to be used for my laptop computer connection to Allstate. I am to use my Allstate cell phone for regular phone calls with customers, body shops, etc.. My question is: Can Allstate shift the cost of doing business to their employees without compensation for expenses incurred to work out of the home, ie. utilities, set-up expense, etc.. When I was hired 20+ years ago, I was never forewarned of this possibility and my Managers have made it well-known this is a cost cutting measure. Thank you.


Asked on 2/26/03, 8:24 pm

1 Answer from Attorneys

James Zito Zito Law Group, LLC

Re: Forced to work at home

I am going to assume the following facts to be true, but omitted from your query:

1. You have no contract of employment, but are an employee at will; and,

2. You are not beig singled out for this treatment, but it is a relatively widespread policy.

Assuming the above, you are probably without a legal remedy from your employer. They have changed your working conditions. They could just have easily moved their office 20, 30 40 miles further from your home, and you would be ina similar dilemna: Under the law, you now have a choice: Continue to work for them, or choose to work elsewhere. From a practical perspective, you are incurring certain additional expenses related to work, including allocation fo a portion of your home for use as office space. Your remedy is not with Allstate, but with the IRS - you have the option of claiming, as an unreimbursed business expense, that portion of your household expenses dedicated to supporting yur office (usually, one would use the same percentage of utilities, mortgage, etc., as the percentage of the square footage of the house dedicated to office space). CAVEAT!! Speak with a tax avisor before doing this - it may affect your tax treatment when you ultimately sell your house.

Note, also, some of these expenses are offset by not being required to commute, wear business clothes everyday, etc. Small comfort, I know, but, in Georgia at least, it is an employer's world.

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Answered on 2/26/03, 8:49 pm


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