Employment Law

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What is Reimbursement of Expenses?

Reimbursement is when an individual has paid for a certain expense out of their own pocket and their place of employment or a certain company has returned that expense. There are many different types of reimbursement an individual can receive. This can be classified as day care, transportation and/or medical. Many questions have been answered by the Experts like the ones answered below.

In California, will a delay in submitting a travel claim allow an employer to refuse the reimbursement?

The employer cannot refuse to reimburse and employee for expenses he/she is out in regards to work related travel. According to the California Labor Code 2802 "an employee can't waive his/her right to be reimbursed for or be liable for the cost of doing business." The employee can't waive this right, therefore, the employer has a duty to reimburse him/her. If the employer refuses then the employee can file a claim with the California Department of Industrial Relations located at the following link. http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Can an employer claim all expenses of a moving reimbursement as taxable?

In some cases, moving expenses can be taxable and some are not. Here is a provided link that can go into full detail on what type of moving expenses can be taxable by individuals.http://www.irs.gov/publications/p521/ar02.html#en_US_2010_publink1000203511

Can an employee sue when other employees get reimbursed for travel expenses and he/she doesn’t due to retaliation for an FMLA?

The employee who is not getting reimbursed may have a couple of legal actions against the employer. The first one being retaliation for the FMLA leave and the second one being the non-reimbursement for travel expenses when the rest of the employees receive reimbursement for their travel expenses. If the employer has a contact stating they will reimburse the employees for travel expenses then they may be able to sue for breach of contract.

Can an employee seek legal action against an employer that does not pay mileage reimbursement to and from a job site?

There is no law saying that an employer has to pay mileage reimbursement for mileage driven from the home to the job site. There are some companies that do pay mileage reimbursement when the employee drives from the office to the job site. If an employer pays the employee an hourly wage, then they don’t have to pay mileage reimbursement if they choose not to. The employee, however, may claim the mileage reimbursement on their taxes at the end of the year.

In California, is there a reasonable time frame for an employer to reimburse an employee for expenses?

If an employee has not received reimbursement within two paychecks, then he/she may need to contact human resources and find the cause for the delay. If that step does not work, then the employee may need to contact the California Labor Board and file a complaint against the employer.

Sometimes an employee finds themselves faced with refusal to reimburse from the employer to pay those expenses back; the employee seeks to be repaid for those expenses. Getting reimbursement and the laws that surround them may be hard for the employee to do on their own. Ask an Expert for a fast affordable way to find answers in these types of situations.

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