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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6692
Experience:  Significant experience in all areas of employment law.
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Good Morning, I work for a non-profit

Resolved Question:

Good Morning,
I work for a non-profit that has defrauded me of my mileage and cell phone reimbursements for 1 whole year. What can I do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question.

California Labor Code section 2802 requires an employer to reimburse employees for all expenses which were necessarily incurred in the course of employment.

If you were not properly reimbursed for mileage and cell phone, an individual in your circumstance can file a claim with the Department of Labor Standards Enforcement. The DLSE will investigate the matter on your behalf and issue an enforceable judgment against your employer in the amount of the owed expenses. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

It is also worthy of mention that your employer will be prohibited from retaliating against you as a result of you filing your claim. If you were to be fired, demoted, or suspended, you would then have a claim for lost wages.

While you are certainly free to hire an attorney to pursue the matter on your behalf, it may not be financially wise to do so, since their fee will come out of any amount that you recover. However, For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com I particularly like Martin Dale because the site allows you to search attorneys by practice area and also provides attorney ratings.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6692
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I feel that they have already retaliated against me for claims I've brought previously to the fore. I really appreciate your answer that you've given me. I've addressed this issue to HR on two separate occasions and they've been helpful, but I feel that this issue remains unresolved. What should I do?

Expert:  Patrick, Esq. replied 1 year ago.
Kevin,

Thank you very much for your reply. I am glad that my assistance has been helpful so far.

The next step would be to file a claim with the DLSE, as noted above. If the DLSE finds that your employer has wrongfully withheld reimbursements, it will issue a judgment against your employer, which would be enforceable via levied bank accounts, seizure of assets, etc.

Once you have formally filed a complaint, any employer would be a fool to retaliate against you further, as such retaliation could easily be linked to the complaint.

Please let me know if you have any further concerns, otherwise I would be most appreciative if you would remember to provide a positive service rating so that I may receive credit for assisting you.

Kindest regards.

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