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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37775
Experience:  30 years in Employment law
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I recently left the company and have been subsequently

Customer Question

I recently left the company and have been subsequently charged on my personal credit card for a business expense after my departure. The owner refuses to reimburse me for his business expense.is it illegal for an owner to withhold payment or reimbursement for business expenses incurred after the departure of an employee? And what would be my course of action?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Customer: replied 2 months ago.
Thank you
Expert:  Ray replied 2 months ago.

Your remedy here to send demand letter and then sue employer in small claims.Since you are owed the money you can seek judgment for the loss and court costs as well.Send the demand letter threatening small claims and see if you get a response.Give them say 10 days to pay or you file suit.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 2 months ago.

Small claims called Magistrate court here in Georgia

https://georgiamagistratecouncil.com/georgia-magistrate-court-civil-forms/

I wish you the best and am sorry you are having to deal with this.Thanks again.

Expert:  Ray replied 2 months ago.

Let me know if you have more, appreciate the chance to chat.

If you can rate 5 stars when we are done it is always much appreciated, thanks.

Expert:  Ray replied 2 months ago.

Magistrate court, also called small claims court, is an informal court that handles money claims of less than $15,000. This court offers a quick and inexpensive process to resolve complaints.

The person filing a claim in magistrate court is called the plaintiff. The person or business against whom the claim is brought is called the defendant.

The plaintiff must file a sworn statement with the clerk of the appropriate magistrate court, describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim. The statement of claim should include the following:

  • The complete name, address and phone number of the plaintiff (and his attorney, if he has one.)
  • The complete name and street address of the defendant.
  • The damages, or the amount of money or property the plaintiff is seeking.
  • A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incident(s).
  • Copies of all relevant documents, such as contracts, receipts and canceled checks. (Keep the original documents for your files.)

If the defendant is a person, the claim must be filed in the county where the defendant lives.

If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. Contact the Corporations Division of the Secretary of State at(###) ###-####to find out whether a business is a corporation and, if so, the name and address of its registered agent.

If the defendant is an unincorporated business, the claim must be filed in the county where the business is physically located.

At the time of filing, the plaintiff must pay a filing fee, which includes the charge to serve one defendant. This fee varies by county and can range from approximately $45 to $55. An extra charge for service for any additional defendants usually ranges from $25 to $35 per defendant.

Expert:  Ray replied 2 months ago.

The court will set a hearing date after the defendant files an answer. The hearing date will usually be 15 to 30 days after the date the answer was filed. The court will notify both parties of the date, time and location of the hearing. Then you can go tell your story to the judge , it sounds like you have great facts to do so.

Thanks again and the best here.

Customer: replied 2 months ago.
Thank you and just to clarify, his actions are or are not in violation of state laws by refusing to reimburse a former employee for business expenses incurred outside the scope of their employment?
Expert:  Ray replied 2 months ago.

If it was a wage complaint then Us Dept of Labor would investigate but here this is reimbursement of expenses rather than wages so you would have to sue here in magistrate court.Thanks for your patience.

Expert:  Ray replied 2 months ago.

If you can positive rate 5 stars when we are done it is much appreciated.Thanks again and the best here.

Customer: replied 2 months ago.
Got it. Thank you
Expert:  Ray replied 2 months ago.

You are so welcome.Thanks for rating.