Legal Question in Employment Law in California
Lost of travel expenses incurred for company
I have recently been laid off from a company in November 2002. At termination, I had about $17700 of travel expenses accumulated from September 2000 to September 2001 that have not been filed. This had happened due to several reasons which happened beyond my control and which were mainly for the benefits of the company. The company had issued a new travel policy to all employees that required expense reports to be filed within 30 days from the completion of travel. I was never aware of the old travel policy. I would like to seek your legal advice to see if it is possible to recover these expenses that were incurred for the company even though the time to file has already expired.
2 Answers from Attorneys
Re: Lost of travel expenses incurred for company
You should bring the issue up with the company, and document the issue in writing. If the company does not comply and/or fails to provide a reasonable explination, you should consult with an attorney. You may also pursue the matter with the Department of Labor but may be able to gain a quicker resolution with an attorney. If you are in the area and desire further consultation, please feel free to give me a call.
Re: Lost of travel expenses incurred for company
If you still have all of your documentation on each of these expenses, go to your local office for the California Division of Labor Standards Enforcement and file an action for recovery of these expenses.(http://www.dir.ca.gov/dlse/DistrictOffices.htm)
Any employer is required by Calif. law to pay any expenses incurred by an employee on behalf of the employer. The "30 day policy" does not relieve the employer of its legal duty to pay your expenses under Labor Code 2802.
Be prepared to fully document each expense, including why, where and how it was spent and why and how it was in the benefit of the company and/or at the direction of the company to incurr that expense.