How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34819
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

One of my employees was employed on 9/28. To incentivize him

Resolved Question:

One of my employees was employed on 9/28. To incentivize him I agreed to give him a full month salary for the month of September. 0n 10/2 he decided to resign and is asking me to reimburse him for the expenses that he has done during the month of September. He calculated the expenses according to a formula that is not in line with the company policy for reimbursing expenses. This company policy has been communicated to him verbally.

Do I need to pay to him the claimed expenses as per the calculation 5that he provided?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Cal. Labor Code 2802 provides, "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."

The courts have interpreted this code section to permit parties to an employment agreement to determine how expenses will be reimbursed. However, the law requires that nothing less than full reimbursement for all expenses is sufficient.

Therefore, while a formula created by either party could be used to estimate expenses, if that formula underestimates an employee's actual expenses, then Section 2802 is violated, and an employee has a legal claim for the difference.

If the employee has quit, then as an employer, you are obligated to pay for all actual expenses incurred during the employee's scope of employment. Correspondingly, the employee is obligated to provide proof of actual expenses incurred (receipts, mileage, etc.).

As long as you stand ready to perform your end of the obligation, you can await the employee's performance. But, under Section 2804, you cannot bargain for an alternative settlement and release, because any such attempt is "null and void," as against public policy.

Please let me know if my answer is helpful and if I can provide further assistance.

And, thanks for using justanswer.com!
Customer: replied 1 year ago.
My company is based in MA and the employee is hired in NH. Would there be significant difference from what you have said in these states?
Thanks
Expert:  socrateaser replied 1 year ago.
Your question was posted in the California Employment Law category. Which is why I used California law. Give me a few minutes, and I'll try to determine what NH law is on this issue (n.b., most states have no specific law in this area, and parties simply agree to whatever they can negotiate).

Thanks for your patience.
Expert:  socrateaser replied 1 year ago.
I'm back.

The law of the jurisdiction where the employee engages in his or her principal labor activites controls in the resolution of any labor-related dispute.

NH RSA 275:57 is remarkably similar to Cal. Labor Code 2802 (which as I mentioned, is quite surprising). While the NH law does not use the term "actual expenses," it does say that "an employee who incurs expenses in connection with his or her employment and at the request of the employer...shall be reimbursed for the payment of the expenses within 30 days of the presentation by the employee of proof of payment."

The result is the same as previously described: actual expenses are reimbursable, and the employee is obligated to produce proof of those expenses before the employer is obligated to provide reimbursement."

So, the answer here is the same as before: neither of your formulas is valid. Proof of actual expenses is required by the law.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34819
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
socrateaser
socrateaser
1478 Satisfied Customers
Retired (mostly)