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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I work for a grocery merchandising company and I havent been

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I work for a grocery merchandising company and I havent been paid for my mileage in a while. I am suppose to be paid every 15 days for mileage and I am now due 3 reimbursement payments. Its now come to a head where I cant afford gas for my truck for tomorrows work day, what do I do? What is legal? I dont want to take a vacation day, if I dont have to.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Your employer is required to reimburse you for your mileage per California Labor Code Section 2802:

2802. "(a) 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."If your employer refuses to reimburse you for your mileage, you should file a wage claim against your employer with the Department of Industrial Relations, Division of Labor Standards Enforcement, which you can do online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Customer: replied 3 years ago.

Relist: Answer quality. Lawyer just copied and pasted section 2802. I ask the lawyer about working tomorrow and it was never answered.

 

Question~

 

I work for a grocery merchandiser in California. They are suppose to be paying me mileage reimbursment every 15 days. I havent been paid in a while and now I have 3 unpaid mileage reimbursement check I have yet to receive. I have no more money available for fuel. I have to work tomorrow and I dont have money for gas. I have notified my boss 3 times and he says "he will see what he can do". I know I can file a wage claim, however I just want to know how am I suppose to go to work tomorrow when my company has yet to maintain my vehicle? I dont want to use a vacation day or a sick day. Its no fault of my own they owe me over $1100 to date.

Hello Mike,

What additional information do you need? I informed you how to file a wage claim in addition to giving you the relevant code information.

If you do not have the money for gas due to your employer's failure to reimburse you, then your absence tomorrow would be 'justified' and you wouldn't be obligated to take a vacation day.

However, if you can afford the gas, I suggest that you still work tomorrow, and make a wage claim with the Department of Industrial Relations for your unreimbursed expenses.
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