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Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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In nj, are employers require to reimburse? i heard that in

Customer Question

in nj, are employers require to reimburse for expenses? i heard that in only 2 states are employers required to reimburse for expenses. pls advise. thx
Submitted: 2 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 2 years ago.

what expenses are you asking for the employer to pay? Are they for tools or travelling?

Expert:  WALLSTREETFIGHTER replied 2 years ago.

NJ Law does not require the employer to reimburse employees, however the employee is able to deduct expenses, on the employees tax return,

if the employer does reimburse expenses, they would be able to make a tax deduction.

Expert:  WALLSTREETFIGHTER replied 2 years ago.

Typically the law only forces employers to pay such expenses if the following apply:

  1. Discrimination against protected categories (e.g. race, religion, sex, age over 40, disability) is not allowed. If an employer is reimbursing some staff but not others, and seeming to make the distinction on the basis of protected categories, there may be an employment discrimination claim.
  2. If a contract, such as an employment contract, calls for reimbursement, that contract must be honored. Note that a strong, clear, unequivocal statement in an employee handbook about reimbursement may be considered to form a contract—though most employee handbooks are rendered ineffectual by the inclusion of various caveats, exceptions, and the retention of an employer right to change the policies in it at will. Still, it’s worth looking at the employee handbook.
  3. If the employer promised to reimburse the employee for travel, and it was on the basis of that promise that the employee expended money on travel, that promise may also be enforceable under a theory known as “promissory estoppel”—people cannot always disclaim promises they made which others relied on and which the promisor knew the other would rely on.

However, apart from the above, unfortunately, reimbursement is at the employer’s option.

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Customer: replied 2 years ago.
what 2 states provide that an employer must reimburse expenses?
Expert:  WALLSTREETFIGHTER replied 2 years ago.

CA courts do require employer to reimburse employees for certain work related items such as cell phones,

Expert:  WALLSTREETFIGHTER replied 2 years ago.

except CA, and even in CA the employer is liable for limited expenses, I am not aware of any State forcing employers to pay the expenses of an employee,