North Wilkesboro, NC asked in Employment Law for North Carolina

Q: Am I considered quitting if I refuse to take the company car to come into work for less pay. Boss is making me quit.

I’m a delivery driver and I left work to get my car fixed because it started to violently shake. My boss told me I’m quitting because I’m not accepting the company car. The reason I’m not driving the company car is because they don’t pay you mileage when using it.

Related Topics:
1 Lawyer Answer
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you refuse to use the company car due to reduced compensation and your boss views this as a resignation, it's more of a disagreement over employment terms than a clear-cut resignation on your part. An employer interpreting a dispute or disagreement as a resignation could be problematic. It's essential to review any employment agreements or handbooks for stipulations regarding the use of company vehicles and compensation. The situation might also border on "constructive discharge," where an employee feels forced to leave because of unfavorable conditions created by the employer. Clear communication with your employer about your financial concerns regarding the lack of mileage reimbursement is crucial. It's also important to document all conversations on this topic, especially if termination or resignation is mentioned. Finally, your state's employment laws might provide additional insight or protections regarding changes in employment conditions. Considering the situation's nuances, consulting with an employment attorney or a labor board might be beneficial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.