Who is responsible for the cost of temporarily vacant work housing?
October 24, 2019 11:25 AM Subscribe
Stuck with the cost of out-of-state work housing while on medical leave at home. Is this reasonable?
My partner has been living out of state for a job for several months. His employer provides money each month to pay for his apartment, which he rented in his own name per employer policy. He’s going on disability for three months to have necessary surgery. His employer told him to break his lease rather than keep the apartment empty, because by the time he’s ready to go back to work he might be assigned to work elsewhere (this is fine; he would prefer to work closer to home).
His employer has now stated in writing that because he will be on medical leave, he is personally responsible for the cost of breaking the lease. It is several thousand dollars. This seems unreasonable. YANML, and my partner does plan to consult one, but what do you think? Who should eat this cost?
My partner has been living out of state for a job for several months. His employer provides money each month to pay for his apartment, which he rented in his own name per employer policy. He’s going on disability for three months to have necessary surgery. His employer told him to break his lease rather than keep the apartment empty, because by the time he’s ready to go back to work he might be assigned to work elsewhere (this is fine; he would prefer to work closer to home).
His employer has now stated in writing that because he will be on medical leave, he is personally responsible for the cost of breaking the lease. It is several thousand dollars. This seems unreasonable. YANML, and my partner does plan to consult one, but what do you think? Who should eat this cost?
If it were me I would want to know if this was a pre-existing policy that applies to everyone or did they just come up with this because they don't want to pay. If there were personal risks to this arrangement he should have been informed up front so he could have chosen not to make this agreement. In my experience if you're an employee and it's a business expense you don't pay it. This is part of the cost of doing business for the company.
posted by bleep at 11:40 AM on October 24, 2019 [2 favorites]
posted by bleep at 11:40 AM on October 24, 2019 [2 favorites]
I think this is not so much a legal issue (that is, I think the employer could successfully leave your partner on the hook for the money, if his name is on the lease and there's no documentation of an agreement between your partner and the employer to assume responsibility for it), as a matter to be negotiated between your partner and his employer.
And once you look at it like that, I'd think of it as worth quitting over if the employer continues to refuse to pay. The employer ordered him to work remotely, and told him (orally?) that it was assuming the cost of his housing while he worked remotely. The employer is now, without notice, telling him that part of that cost -- the risk that the plan for his time in the remote location would change, leading to a broken lease -- is on him, after that cost has been incurred. That is abusive bullshit. If the employer won't pay, I'd start job-hunting immediately.
posted by LizardBreath at 12:15 PM on October 24, 2019 [1 favorite]
And once you look at it like that, I'd think of it as worth quitting over if the employer continues to refuse to pay. The employer ordered him to work remotely, and told him (orally?) that it was assuming the cost of his housing while he worked remotely. The employer is now, without notice, telling him that part of that cost -- the risk that the plan for his time in the remote location would change, leading to a broken lease -- is on him, after that cost has been incurred. That is abusive bullshit. If the employer won't pay, I'd start job-hunting immediately.
posted by LizardBreath at 12:15 PM on October 24, 2019 [1 favorite]
Definitely round up copies of the employer's handbook, policies, and any employer documents and communications related to the apartment and read them carefully.
Is your partner going out on FMLA (Family and Medical Leave Act) leave? FMLA is a federal law with certain specific rules about what benefits can and cannot be suspended during a protected leave. Check out the FMLA rules at the Department of Labor website (as well as this DOL resource on FMLA). Those sites will give you the basics of FMLA, but your partner's situation seems fairly specific and I don't see a clear answer listed. It might be worth calling the DOL helpline for additional help:
posted by ourobouros at 1:11 PM on October 24, 2019
Is your partner going out on FMLA (Family and Medical Leave Act) leave? FMLA is a federal law with certain specific rules about what benefits can and cannot be suspended during a protected leave. Check out the FMLA rules at the Department of Labor website (as well as this DOL resource on FMLA). Those sites will give you the basics of FMLA, but your partner's situation seems fairly specific and I don't see a clear answer listed. It might be worth calling the DOL helpline for additional help:
For additional information, visit our Wage and Hour Division Website:
http://www.wagehour.dol.gov and/or call our toll-free helpline, available 8 a.m. to 5 p.m. in your
time zone, 1-866-4-USWAGE (1-866-487-9243).
posted by ourobouros at 1:11 PM on October 24, 2019
Don’t fall for it. Has the employer reimbursed him for rent? Are there texts an email that show this arrangement? This strikes me as the cost of doing business when humanity shows up. Yes, read your manuals and policies, however, since the onus of the rental is for work, this is worth taking to the next level and consulting with and agency or attorney, if a firm “this doesn’t jibe” pushback does not have them reconsidering their stance.
Submit the expenses as if they are merely mistaken. Your partner has not given up his residence. If he had to not attend a conference due to an emergency appendectomy, you would not bill him for conference reimbursement.
posted by childofTethys at 4:55 PM on October 24, 2019
Submit the expenses as if they are merely mistaken. Your partner has not given up his residence. If he had to not attend a conference due to an emergency appendectomy, you would not bill him for conference reimbursement.
posted by childofTethys at 4:55 PM on October 24, 2019
I think the easiest way out of this is to make it moot -- everywhere I have lived, you are only responsible for paying the remaining amount of the lease until the apartment is rented again (or end of lease term), so find someone else to rent the apartment (not sublease; they sign a new lease with the landlord). Bribe them with a few hundred bucks, if needed, to make the problem go away.
posted by flimflam at 12:00 PM on October 26, 2019
posted by flimflam at 12:00 PM on October 26, 2019
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As a general answer, I can see agreements existing that would put the full burden of the apartment lease termination on your partner as well as agreements that would put the full burden on your partner's employer.
posted by saeculorum at 11:31 AM on October 24, 2019 [3 favorites]