What to do if as an inducement to work in a nearby city my wife was promised mileage reimbursement, however he reimbursements are getting further and further behind?
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What to do if as an inducement to work in a nearby city my wife was promised mileage reimbursement, however he reimbursements are getting further and further behind?
The employer now owes for more than 2000 miles. As this represents a reimbursement of “real” expense she is increasingly coming “out of pocket” for these costs. Is there something that can be done?
Asked on December 6, 2012 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the employer knew (or should have known) that your wife was relying on this representation of reimbursement in making her decision to accept the job in the nearby city and, knowing that, nonetheless represented that she would be reimbursed for mileage, then the representation may be legally enforceable under the theory of "promissory estoppel." However, to enforce it, your wife would have to sue her employer, which has its own costs, monetary and otherwise. You and she need to decide whether suing her employer makes sense for her.
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