California Unreimbursed Expenses Lawyers
As employees, many of us are willing to go above and beyond to help out our employers. Perhaps out of duty and sometimes out of gratitude, sacrifices are being made.
However, we have found that employees have been cheated out of proper compensation for their work more frequently than we would like, especially when it comes to the reimbursement of work expenses.
If your employer has failed or refused to reimburse you for any expenses needed to perform your job duties, you should know that this is against the law, per the labor code in California. All employers are bound to repay their employees by law.
You may have an employment law case on your hands, and this is where Attorney Bill Marder can help you. Contact us at (888) 796-4010 today.
What Expenses Are Valid?
A work expense is considered any items, goods, or products related to your:
- Title
- Job duties
- And everyday functions
You may have had to cover the costs on your own with the understanding that your employer would provide reimbursement.
The expenses may include any of the following:
- Mileage reimbursement
- Car repairs, gas fees, and other auto-related expenses
- Uniform, protective equipment, name tags
- Physical examinations
- Tools, equipment, and other required instruments
- Cell phone charges
- Computer costs
- Staff support costs
- Seminars or conferences
- Travel fees related to work
A work expense is considered any items, goods, or products related to your:
- Title
- Job duties
- And everyday functions
You may have had to cover the costs on your own with the understanding that your employer would provide reimbursement.
The expenses may include any of the following:
- Mileage reimbursement
- Car repairs, gas fees, and other auto-related expenses
- Uniform, protective equipment, name tags
- Physical examinations
- Tools, equipment, and other required instruments
- Cell phone charges
- Computer costs
- Staff support costs
- Seminars or conferences
- Travel fees related to work
Common Signs of Unreimbursed Work Expenses
- Detailed Receipts and Records: Employees may keep meticulous records and receipts for various job-related purchases and expenses.
- Expense Reports: Frequent submissions of expense reports that include items not covered by the employer’s reimbursement policy.
- Out-of-Pocket Payments: Regular use of personal funds for work-related costs, including using personal credit cards or cash for purchases.
- Tax Deductions: Employees may seek to claim these expenses as deductions on their personal income tax returns if they itemize deductions, although changes in tax law (such as the Tax Cuts and Jobs Act of 2017 in the United States) have affected the ability to do so.
- Employer Policies: Awareness of the employer's reimbursement policies and what is and is not covered can indicate the potential for unreimbursed expenses.
- Job Requirements: Jobs that inherently require the purchase of specific tools, equipment, or attire that are not provided by the employer.
What to Do If Your Employer Fails to Reimburse Expenses
If your employer in California fails to reimburse work expenses, there are several steps you can take to address the issue. California law requires employers to reimburse employees for necessary expenses incurred as part of their job duties, as per California Labor Code Section 2802.
- Review Company Policy: Check your employer’s reimbursement policy in the employee handbook or any related documentation. This will help you understand what expenses are eligible for reimbursement and the procedure to request it.
- Document Your Expenses: Keep detailed records of all work-related expenses, including receipts, invoices, and any other proof of payment. Make sure to document the purpose of each expense and how it relates to your job duties.
- Submit a Formal Reimbursement Request: Follow your company’s procedures for submitting a reimbursement request. This typically involves filling out a reimbursement form and attaching copies of your receipts and other documentation.
- Communicate with Your Employer: If your initial request is ignored or denied without valid reason, communicate directly with your supervisor or the HR department. Politely remind them of the reimbursement request and provide all necessary documentation again.
- Write a Formal Complaint: If informal communication doesn’t resolve the issue, write a formal complaint to your employer. Clearly state the details of your expenses, your previous attempts to obtain reimbursement, and cite California Labor Code Section 2802 which requires employers to reimburse employees for necessary expenditures.
- File a Claim with the Labor Commissioner: If your employer still fails to reimburse you, file a wage claim with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office. You can do this online or by visiting a local office. Include detailed information about your expenses, your employment, and any communications with your employer regarding the reimbursement request.
- Consider Legal Action: If the issue remains unresolved after filing a claim with the Labor Commissioner, consider consulting with an employment lawyer. An attorney can provide legal advice specific to your situation and may help you file a lawsuit to recover the unpaid expenses.
- Keep Detailed Records: Throughout this process, maintain detailed records of all communications with your employer, any submissions you make, and responses you receive. This documentation will be crucial if you need to escalate the matter legally.
How Polaris Law Group Can Help
If you have been asking your employer for reimbursement and have been met with hostility or have had your attempts to reach out rebuffed, you may need to file an unpaid wage lawsuit to recover these costs.
Your employer will be forced to pay and take notice. As this area of law can be complex and will depend on your particular circumstances, it is best that you consult with our law firm to assist you.
Contact Polaris Law Group today at (888) 796-4010 or contact us online to discuss your legal options.