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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27887
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Ca- LC 2802 and tolling the statutes of limitations

Customer Question

State of Ca -Previous employer owes unreimbursed employee expenses, I would like to collect under Labor Code 2802, using the 4 year statute. ( The failure to pay earned wages violates the Unfair Competition Law under Business and Professions Code § 17200 et seq., and as a result, such claims are subject to a four-year statute of limitations.BPC § 17208; Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 178)

Can I toll the statute of limitations using the following case law.... (Addison v. State of California (1978) 21 Cal.3d 313, 317.) The doctrine has also been applied to toll the statute of limitations in a personal injury claim while the plaintiff pursued a workers' compensation claim (Elkins v. Derby (1974) 12 Cal.3d 410)...end I pursued a workers compensation case, it was settled by C&R with Thomas Findings. Employer deposition confirmed that I had not received mileage reimbursement and the use of my personal vehicle was required.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

While I strive to give you an accurate and applicable answer to your question, and if I can possibly suggest an avenue by which you might have a successful legal outcome I will, please understand that I don’t have the ability to provide you with favorable law if it doesn't exist. As you read my answer to your question, I ask you to please not shoot the messenger.


While your thought process is creative, wage claims do not fall under the Unfair Competition Law, and the statutes of limitations in CA are quite clear. Under Contract law, you have a 2 years statute for unwritten contract violations between you and an employer----4 years for written contracts, and under federal employment law (FLSA) you have a 2 year statute for unintentional payment failures and 3 years for intention failure to pay wages and benefits.

If you can't meet those statutes, I'm afraid that you can no longer assert your claims against the employer.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXXXXXXX XXXX abiding by the honor system as regards XXXXXXXXX XXXXXXX. I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

Customer: replied 2 years ago.
I reviewed my post, I have a conflicting quotation, I am asking about unreimbursed employee expenses- mileage etc. I see that when I quoted Prof Code 17200 it states wages. My apologies for the error. Could you review again? As far as wages could unpaid vacation time (not reg wages) be claimed under the Code 17200??
Expert:  LawTalk replied 2 years ago.
Under CA law, wages include expenses that are to be reimbursed, as well as vacation time that was owed at termination. The same statutes of limitation that I set out above, apply to benefits and unreimbursed expenses as well.

§17200 does not apply to employee wage claims.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug
Customer: replied 2 years ago.
Mileage Reimbursements - using 17200

Estrada v. FedEx Ground Package Sys., Inc., 64 Cal. Rptr. 3d 327 (Cal. Ct. App. Aug. 13, 2007)


The employer has never reimbursed me, therefore it was never established as a monthly or bi monthly payment that would generate a 1099.

I was never advised of termination. I was on medical leave which went from FMLA to ADA, employer did not conduct an evaluation. Could I be approaching this differently?
Expert:  LawTalk replied 2 years ago.
The entire issue is whether you claim to be owed wages/benefits from more than 3 years ago. Not how often you were paid, or whether you received a W-2 or a 1099.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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