Legal Question in Employment Law in Pennsylvania

Mileage Reimbursement Equity

I wish to know if the way in which my company reimburses employees is fair and legal. It seems that dependent upon which area you work for, different rules apply. Some managers in my position are allowed to choose to work from a home office or one close to home. I have been asked to retain an office (hotel location that i share with others)that is 40+ miles from my home. Per my job description: my job is to travel to many different business locations as a sales manager and to use my office site less than 10% of the time. Due to this disparity, I cannot be reimbursed for the 300 miles per week I travel in my job and others who have been able to choose their office locations are reimbursed for business mileage. Our company policy states that we must deduct the distance from our home to our office before allowing mileage deductions. Because my office is the furtherest distance for me of all my traveling locations, I cannot expense my miles. Is this practice fair and legal?


Asked on 5/20/99, 12:01 pm

1 Answer from Attorneys
Patrick Henigan Eckell Sparks

Re: Mileage Reimbursement Equity

Your company's policy is what it is. You can accept it and continue to work there or seek another job if it is unfair. Having said that however, there are ways to structure your mileage so that it is deductable as an unreimbursed work expense on your state and federal income tax. If you like your job despite the percieved unfairness, look into this angle. You may be better off with the IRS rate as opposed to your company's reimbursement.

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Answered on 5/26/99, 5:06 pm


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