Legal Question in Employment Law in California

business expenses not reimbursed
2 years ago I worked for a start-up that is still in business. During the time of employment about $20k worth of business expenses were incurred. Because this was a start-up it was normal for me to work up to 15 hour days
not to mention travel all over the country - without taking any vacation. As part of my transition out of the company, I had assurance from the CEO he would reimburse me for my expenses. As I was putting the many expense into
order, the receipts were lost in a move then found 8 months later. I was in contact with the finance dept who said not to worry just get them is as soon as possible. Since then there is a new CEO who has refused to reimburse me.I have a claim with the labor commission and have a final hearing OCT 8th. Today we got a call from the old companies lawyer wanting copies of the expenses and any paperwork (employment agreements, etc.). Should we hand
over copies of completed expense reports and receipts before the hearing? Should we hire a lawyer beforehand? What should I be prepared for in the hearing?

Asked on 9/18/02, 6:16 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: business expenses not reimbursed

Under California law, employers are absolutely required to reimburse employees for all expenses reasonably incurred on behalf of the employer. At the hearing, the burden is on the employee to prove the expenses and that they were business related, as opposed to personal. Opposing counsel will try everything he or she can do to prove they are fake or not business related. If you are not respresented by counsel, I would advise not to present them to the employer's attorney. He or she will get to see them at the hearing. You must make an extra copy for them and for the hearing officer.

Not everyone needs to have an attorney represent them but, at the risk of sounding self-serving, you are better off having someone with you who has been there before and has the experience. This is particularly true if the employer has an attorney representing them. You may not know how to object to abusive or improper questions or evidence they attempt to provide.

You should, at least, make an appointment with a labor law attorney in the County where you live to get some advise on how to handle the case and find out what it will cost.

Answered on 9/20/02, 1:21 pm

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