Legal Question in Employment Law in New York
Payment of Job Related Expenses
I worked for a company Westbury, NY as a field service representative. I was dispatched to various customer sites from my home. My job entailed repairing, troubleshooting, and maintaining medical equipment.
As part of my employment agreement, I was told I would be reimbursed for work-related expenses as long as I had valid receipts for travel, meals, airline tickets, rental cars, etc... The employee handbook states that reimbursements are allowed only if a receipt is provided.
In July I left this job. I was told to submit my expense reports, along with the receipts and I would be reimbursed. To date, I have not received my check for 8 weeks of expenses, totalling a significant amount. My former employer has given me several excuses; missing equipment, missing service reports, and that they didn't receive my expense reports within the time reporting period. They told me that they would deduct a laptop from my reimbursement totalling over $1400.00, including a missing simulator, and screws. Can they do this? They said that they will deduct the amount it would cost to replace the equipment, and not the depreciated cost? I did not keep the laptop. I returned it,& provided a tracking #. They said they don't have it.
2 Answers from Attorneys
Re: Payment of Job Related Expenses
For the money the company owes you, if it is less than three thousand dollars you can start a lawsuit in small claims court. Bring to court a copy of the employee handbook and copies of all your recipts and the letters you have sent to the company demanding payment. As to the laptop, the Co. may counter sue you for it replacement and recover the cost if they have proof that you kept the laptop or if you fail to show that you returned it. Usually, the amount they would be able to recover is the amount the laptop was worth, to put them back in the position they were in before missing the laptop. Try tracking the laptop.
Re: Payment of Job Related Expenses
No of course they can't do it. You should send them a demand letter with your claim and if they don't respond within 14 days file a small claims action.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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