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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12019
Experience:  Significant experience in all areas of employment law.
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can i sue my employer for not reinbursing expenses such as

Customer Question

can i sue my employer for not reinbursing expenses such as mileage, tools, cell phone?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

California Labor Code section 2802(a) governs employee reimbursement rights for expenses incurred at work. That section states:

“An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.”

Gas for a commute to and from your employer's regular place of work is typically not reimburseable. However, if your employer forces you to use your car once on the clock, for example to make deliveries, you would be entitled to reimbursement for wear and tear and gas. The same applies for tools and cell phone. If your employer is requiring you to use these things while on the job to carry out your duties, those expenses would be reimburseable.

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