Legal Question in Employment Law in California
Non-Reimbursed Employee Expenses
Over the last several years I have submitted hundreds of business expenses to my company. The expenses submitted range from $100.00 to as much as $5,000.00. In total, they add up to almost $50,000.00. These expenses were approved and show on the books but have not yet been paid. The company has been paying some of these expenses at a rate of $500.00 per month and has promised to pay the total amount when they receive investment capital. I have left the company and am tired of the broken promises. What recourse do I have short of a protracted law suit? Is this a labor standards issue? Can I go to small claims court on the individual expenses?
2 Answers from Attorneys
Re: Non-Reimbursed Employee Expenses
You may bring an action in court (Superior Court would be appropriate if $50K is owed), or you can bring a claim with the Labor Commissioner. Depending on your location, the Labor Commissioner may bring a quicker resoloution. You may be represented by coundel in either forum, however, the labor commissioner will not award attorney fees. In court you may request reasonable attorney fees under the Labor Code. It would not be wise to bring a small claims action on individual expenses. Generally you must bring all your related claims in one action, and bringing a small claims action may operate to bar your other claims.
Re: Non-Reimbursed Employee Expenses
I generally agree with the post by the previous attorney, however I feel that the labor board is a waste of time due to the fact that they handle wage issues only. Please call my office for a free consultation at 818-342-8020.
Norman Gregory Fernandez, Esq.
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