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-   -   Is this an ethical question or non-issue? (https://www.flyertalk.com/forum/travelbuzz/1572463-ethical-question-non-issue.html)

florin Apr 29, 2014 4:29 am

To eliminate all doubt, you can just give ME the cash.

LondonElite Apr 29, 2014 6:55 am

I think this is pretty simple.

You were travelling for business and were inconvenienced. If you got your business things done, then that's where it ends in terms of money to or from your company. AA paid for the hotel and associated expenses, so you don't need to claim anything from your employer for that. The EU261 compensation is clearly defined as an inconvenience payment to you (and not your company), which therefore belongs to you. I don't really see what ethics have to do with this case. If a stranger gave you a gold chain during your trip, would you have to give it to your company because you were travelling on 'their time'? Of course not.

There was an earlier comment about defrauding Australia...what possible relevance does a country on the other side of the world have here? Even if this did occur in Australia, how would the country be defrauded by what was described here? There is no 'fraud' by the definition of that word.

florin Apr 29, 2014 7:30 am


Originally Posted by LondonElite (Post 22778845)
There was an earlier comment about defrauding Australia...what possible relevance does a country on the other side of the world have here?

I find it relevant, because it is an example of how an entity/organization (in our case the Australian Government, but it could also apply to a corporation) views this kind of practice. I don't think it's a very good example though.

Originally Posted by LondonElite (Post 22778845)
Even if this did occur in Australia, how would the country be defrauded by what was described here? There is no 'fraud' by the definition of that word.

I agree. The definition of fraud, as stated in that law, was: ‘dishonestly obtaining a benefit by deception or other means’. In this case, I don't think the benefit (cash) was obtained dishonestly. This benefit is paid in full accordance with the EU law; there is no deception to speak of.

Still, to avoid costly fraud investigations in Australia, I would advise that all EC 261 compensations paid to Australian officials be handed over to me. You're welcome, mates ;)

LondonElite Apr 29, 2014 7:35 am

But we agree that this could not fall into the category of fraud, since the OP correctly received compensation according to the laws of (in this case) the EU. She's not defrauding her company, the airline, or the member states of the EU. The cited example of Australia would not even apply if she lived there and was on a flight from LHR to SYD.

florin Apr 29, 2014 8:12 am


Originally Posted by LondonElite (Post 22779026)
But we agree that this could not fall into the category of fraud

Yes, this is definitely not a fraud.

Loren Pechtel Apr 29, 2014 10:30 am


Originally Posted by ffsim (Post 22777185)
What exactly does OP's situation have to do with double dipping? What am I missing??

Getting reimbursed for the hotel and then getting compensation from the airline.

LondonElite Apr 29, 2014 10:33 am

That's not double dipping. EU261 has nothing to do with her hotel expenses.

mikeef Apr 29, 2014 11:01 am


Originally Posted by Loren Pechtel (Post 22780017)
Getting reimbursed for the hotel and then getting compensation from the airline.

Do you mean getting reimbursed for the hotel and having the OP's company pay for the hotel? In that case, it would be double dipping and the OP would be right not to charge the hotel to the company.

If, however, the OP lets the airline pick up the tab for the hotel as well as EU 261, while charging nothing to their company, then I don't see the problem.

Mike

ffsim Apr 29, 2014 11:22 am


Originally Posted by Loren Pechtel (Post 22780017)
Getting reimbursed for the hotel and then getting compensation from the airline.

As the posters above mention, it's very clear from OP's statements that there was no hotel reimbursement involved. The hotel was covered by the airline.

greathustle Apr 29, 2014 2:03 pm

Sorry if I wasn't clear. I was quoting you and the other poster to agree.


Originally Posted by angatol (Post 22777845)
"Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers"

I don't see anywhere where it seeks to compensate "passenger's employers" or the "person who bought the ticket for the passenger". Perhaps you can read it and tell us?


angatol Apr 29, 2014 2:31 pm

.....

Loren Pechtel Apr 29, 2014 8:51 pm


Originally Posted by ffsim (Post 22780288)
As the posters above mention, it's very clear from OP's statements that there was no hotel reimbursement involved. The hotel was covered by the airline.

Ok, I misunderstood. I thought it was covered by his employer.

I'll change my opinion--he doesn't owe anyone anything.

5khours Apr 30, 2014 12:55 am

I'd report it to your boss by email and ask how to handle it.

If they ask for it back (which I don't think they will), you can refuse. But.... you could get in trouble if you don't report it.

greathustle Apr 30, 2014 1:15 am

No, you can't.


Originally Posted by 5khours (Post 22784014)
But.... you could get in trouble if you don't report it.


LondonElite Apr 30, 2014 3:43 am


Originally Posted by 5khours (Post 22784014)
I'd report it to your boss by email and ask how to handle it.

Why? It's none of the boss's business anymore than what she had for breakfast that morning.


If they ask for it back (which I don't think they will), you can refuse. But.... you could get in trouble if you don't report it.
Ask for what back? The EU261 money? It's not theirs to begin with. You can't 'get in trouble' for it! Do you even understand what EU261/2004 is about?

cfo314 Apr 30, 2014 1:53 pm

Flight was supposed to get me home on Friday but I arrived on Saturday instead - more of an inconvenience to me rather than my business. I don't recall expensing anything extra because of the extra day of travel.

Thanks all for the input.

HMPS Apr 30, 2014 6:35 pm


Originally Posted by cfo314 (Post 22787464)
Flight was supposed to get me home on Friday but I arrived on Saturday instead - more of an inconvenience to me rather than my business. I don't recall expensing anything extra because of the extra day of travel.

Thanks all for the input.

Apersonal check with a short memo to the boss. If he elects to return it all to you, great. If not, for a small sacrifice you will be a hero.
The reason I propose the above is just in case your boss and his bosses do pocket such things but don't want to make it a " policy"
Decades ago I used to work for a Fortunr top five company. I don' eat or drink much so even though I spent $8-9 on dinner, I would claim $12' withtrepedition !
Got a call from the boss, though I was in trouble.....he said to claim around $ 15-17 for dinner as otherwise I was " pulling down everyone's average ". !

Go figure.

ffsim Apr 30, 2014 6:49 pm


Originally Posted by HMPS (Post 22788969)
Apersonal check with a short memo to the boss. If he elects to return it all to you, great. If not, for a small sacrifice you will be a hero.
The reason I propose the above is just in case your boss and his bosses do pocket such things but don't want to make it a " policy"

Are you serious? After nearly 60 posts we're still talking about cutting cheques to our employer? This isn't the employer's money. As OP says in the post to which you replied, OP doesn't "recall expensing anything extra because of the extra day of travel."

LondonElite May 1, 2014 3:12 am


Originally Posted by HMPS (Post 22788969)
Apersonal check with a short memo to the boss. If he elects to return it all to you, great. If not, for a small sacrifice you will be a hero.

It's not the company's money (or the boss's) to start with. EU261 compensation is based on the notion of inconvenience to the passenger. The company is not out of pocket, nor was it inconvenienced. The money squarely belongs to the employee and the employee has absolutely no duty whatsoever to report anything to anybody.

Badenoch May 1, 2014 6:34 am


Originally Posted by HMPS (Post 22788969)
Apersonal check with a short memo to the boss. If he elects to return it all to you, great. If not, for a small sacrifice you will be a hero.

It would make you an idiot at most of the places I've worked and someone to henceforth be regarded with suspicion.

pogonation May 1, 2014 5:11 pm

Absolutely, in no way whatsoever should this money be given to the employer :confused: The employer has not been inconvenienced in any way! It's not like they said, oh we accidentally overcharged you for the ticket, so here is $700 refund in which case it definitely would be wrong to keep the money.

The only ethical problem would be if the employer made you give the money to them which I also think would be illegal!

TrojanHorse May 2, 2014 4:58 am


Originally Posted by Adam1222 (Post 22770883)
many employers have a specific policy on this.

what he said

if yes, then is your job worth the amount of the VDB

if no, then its yours, no question required

angatol May 2, 2014 6:32 am

.....

CaliC May 4, 2014 10:56 pm


Originally Posted by Adam1222

many employers have a specific policy on this.

Originally Posted by TrojanHorse (Post 22796952)
what he said

Name three.

LondonElite May 5, 2014 4:07 am


Originally Posted by CaliC (Post 22810954)
Name three.

Three? I'd love to see a single example of a travel policy that specifies that government-mandated personal compensation must lawfully be handed over to the employer.

Badenoch May 5, 2014 4:45 am


Originally Posted by LondonElite (Post 22811675)
Three? I'd love to see a single example of a travel policy that specifies that government-mandated personal compensation must lawfully be handed over to the employer.

I agree. I've worked in government, private sector and non-profit none have ever required personal compensation be handed over. I'd even question whether they could legally.

CMK10 May 8, 2014 7:42 pm

I worked for a large company (535 locations) a few years ago. I took a VDB on the way back from a trip and got a $300 voucher plus as I was paid overtime until I arrived home, I billed the extra hours.

Looking back, I realize this was not a smart move. I think if I were the OP I'd talk to my immediate supervisor and see what their opinion on it was. Chan of command and all.

angatol May 8, 2014 8:45 pm

.....

CMK10 May 8, 2014 9:00 pm


Originally Posted by angatol (Post 22835037)
That's just simple fraud. No comparison to the OP's involuntary compensation situation whatsoever.

It's not fraud at all. I was paid until I got home. I didn't bill for any time after getting home. Not did I misrepresent why I got home later. It was unprofessional and dishonest, but fraud is not the correct term.

HMPS May 12, 2014 5:11 pm


Originally Posted by CMK10 (Post 22835103)
It's not fraud at all. I was paid until I got home. I didn't bill for any time after getting home. Not did I misrepresent why I got home later. It was unprofessional and dishonest, but fraud is not the correct term.

How about " an unjust windfall" ? looks like you had your cake and ate it too ?

CMK10 May 12, 2014 7:54 pm


Originally Posted by HMPS (Post 22853440)
How about " an unjust windfall" ? looks like you had your cake and ate it too ?

Oh I concur. But it was at a time in my life when I was really good at justifying why everything was everyone's fault but mine. Thankfully, I grew out of that phase.

gj83 May 12, 2014 8:17 pm


Originally Posted by Loren Pechtel (Post 22771686)
Agreed.

I would say the hotel room (and any extra meals) should also be paid back. While things aren't always set up to catch double dipping it's wrong.


Originally Posted by cfo314 (Post 22771832)
Yes, AA paid for hotel and meals.


Originally Posted by Doc Savage (Post 22771845)
Then the delay cost your company nothing, but cost you 12 or more hours of your time and part of your weekend.

A concur. When I travel for business and I get vouchers for meals I use them. If I got a free hotel I always took it, but lately the quality of hotel and sleep I get (and occasions that actually grant them) makes me prefer to get a hotel room comparable to a normal stay and just expense it. Since there was no additional expense and the payment is for inconvenience, not for expenses incurred due to delay, the OP is entitled to this payment. I'd run it through HR just in case because word travels fast in my company even when you tell no one. If I incurred hotel and food costs I'd probably turn in the money.

I had a WX issue cause me to fly into ELM instead of ITH. I got a rental car (that I wasn't allotted for this trip otherwise) and submitted the receipt to Delta. Delta paid, I never submitted that receipt to work. If Delta hadn't paid before I submitted, I would have turned the check over to my company after the fact. Not worth being fired over $140.

I have no qualms about expensing meals/hotel/parking after legitimate delays, but ->


Originally Posted by CMK10 (Post 22834793)
I worked for a large company (535 locations) a few years ago. I took a VDB on the way back from a trip and got a $300 voucher plus as I was paid overtime until I arrived home, I billed the extra hours.

If I VDB'd I'd consider everything beyond what I usually would have expensed on my own....except parking. I do break up parking if I have a couple personal days in a business trip, but the way the parking is charged usually doesn't factor in unless it's a whole 24 hour delay.

m44 May 13, 2014 5:47 am


Originally Posted by Adam1222 (Post 22771200)
I should add, it depends if it was really your time or not. For my employer, if you get money for a flight delay and the delay is hours on the clock, you can either keep the cash or take a day vacation. The idea is if your employer is paying you during the delay, you shouldn't get a windfall.

That is a sick idea. This kind of logic assumes that you are a slave. Many employers think that way on many fronts not only travel. But at the end of analysis - this is slave-owner mentality.

The intent of the law presumably is (1) to compensate the person suffering the delay; (2) provide civil penalty/incentives; (3) force airlines to improve their operations which airlines for years failed to do; (4) recognize that passengers are human beings with life plans, commitments and obligations.

Yes the windfall is rightfully kept by the employee.
If the employer desires compensation for damages caused by the delay inflicted on its employee - they can ask independently - but not under that specific law.

sethb May 13, 2014 6:54 am


Originally Posted by cfo314 (Post 22787464)
Flight was supposed to get me home on Friday but I arrived on Saturday instead - more of an inconvenience to me rather than my business. I don't recall expensing anything extra because of the extra day of travel.

Providing you weren't originally schedule to arrive home in time to go to work, then it's all your personal inconvenience. If you would have worked that day (even partially), then it's also your employer's loss.

berrythekid May 13, 2014 7:05 am

Keep it. It's your time and you were inconvenienced. The company paid for the business trip and you fulfilled your responsibility. Life on the road isn't easy. This helps even things out a little.

onobond May 13, 2014 7:55 am


Originally Posted by Cassie55 (Post 22777854)
I don't see any evidence of double dipping which would seem dodgy.

If this was me and my employer was not responsible for any extra expense, ie, the airline paid for additional meals/hotel accommodation as required plus the delay ate into my own time, I'd keep the money.

After all it's meant for compensation for the delay which in this case affected the traveller not the company.

Hear, hear !

pinniped May 13, 2014 7:58 am

Non-issue. The company isn't involved in any part of the delay transaction. It sounds like you didn't bill extra expenses from Ireland or bill a client for extra travel hours that weren't working hours. I don't even see how this approaches an ethical issue.

The only time "double-dipping" (to use the upthread term) would come into play would be if you took the $700 and then turned around and billed your employer or client for an extra per diem, extra night hotel expenses, or above-normal travel hours (if that's applicable in your case).

I used to take VDB's all the time coming home from business trips. We didn't bill our travel hours and I was always careful to record the per diem amount of the "normal" trip only. (In other words, if I took an overnight VDB, I didn't bill any per diem.) Although this is more akin to IDB than VDB, as long as the client was billed correctly, it is not an ethical issue.

arlflyer May 13, 2014 8:46 am

This is one of those threads that makes me feel like I have entered crazy world.

The employer sent you on a business trip at a known cost to accomplish a specific business purpose. If that business purpose was accomplished at the planned cost and no additional costs were incurred, then whatever else happened is financially irrelevant to your employer from an objective standpoint.

Bmi-fan May 13, 2014 9:28 am

Happened to me last year on the outbound leg.

As it was a a day of my work trip I lost, I used the EU261 compensation to write off a portion of my expenses.

Wouldn't do the same if it was on the inbound and I lost out on part of my weekend though

mshapiro99 May 13, 2014 10:32 am


Originally Posted by farbster (Post 22775361)
Say the OP told their company and actually gave the money back. What if the company was charging this employees time/travel to a customer (think service man travelling to fix a machine). Would the company credit back to the customer the travel expenses since there were really none? Just something to think about...

My experience is that most companies have convoluted ways of putting money back into their expense system ... you spend more on time trying to give the money to the company, than the actual value of the money.


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