If your employer has failed to pay you for work-related reimbursements that you are entitled to, call the passionate Los Angeles expense reimbursement lawyers at Aegis Law Firm. We offer free consultations and Spanish-speaking services. Call us today at (949) 379-6250 to schedule an appointment.If you have mounting work-related expenses that your employer fails to reimburse, you have rights. California law makes provision for the reimbursement of expenses incurred in relation with a person’s work duties. Aegis Law Firm can help you hold your employer accountable.
For some jobs employees may incur necessary expenses in order to carry out their work duties. Often these expenses are reimbursed by their employer. Which expenses are reimbursed and the rate of reimbursement are often matters that are covered in the employment contract.
An expense reimbursement lawyer can assess your situation and determine whether you have a valid claim, but here are a few key points to consider:
The first step is to ensure that the claimed expenses comply with relevant labor and employment laws. This includes verifying that the expenses are directly related to the job and were incurred in the course of performing work duties.
Company Policy Adherence
Meticulously review the company’s expense reimbursement policy to determine whether the claimed expenses align with the specific guidelines and requirements outlined. Personal or non-work-related expenses are typically not eligible for reimbursement.
Documentation and Evidence
Look over the documentation (e.g., invoices or receipts) you provided for the claimed expenses and check for accuracy and authenticity. If there are any discrepancies or missing information, it could impact your claim’s validity.
Evidence of Denial or Non-Payment
There should be evidence that the employer denied or failed to process a legitimate expense reimbursement claim without valid reasons.
If your employer retaliated against you for asserting your right to reimbursement, you may also have a claim for retaliation. This could involve adverse actions, such as termination or demotion.
An Expense Reimbursement Attorney can provide invaluable assistance if you believe you have a claim. Here is how they can help:
Hiring trusted legal representation can also provide you with peace of mind. Knowing you have a knowledgeable and skilled professional advocating for your rights can help alleviate stress and uncertainty.
If you have not been reimbursed for job-related expenses, consider taking the following steps:
Review Company Policy
Familiarize yourself with your company’s expense reimbursement policy to ensure you have followed all the required procedures outlined in the policy.
Verify that you have provided accurate and complete documentation for the expenses in question.
Contact the Accounting or HR Department
Reach out to your company’s accounting or HR department in writing to inquire about the status of your reimbursement. Ask if there are any additional steps you need to take or if there have been any delays in processing.
It is critical to keep a record of all communication regarding your reimbursement request. This includes emails, phone calls, and any responses from your employer or relevant departments.
Ask in writing for specific reasons why your expense reimbursement request was denied.
Discuss with Supervisor or Manager
If the issue persists, consider discussing it with your immediate supervisor or manager. They may be able to provide insights or intervene on your behalf.
Consult an Employment Lawyer
If your efforts do not lead to a resolution, seek advice from a trusted Los Angeles Expense Reimbursement Lawyer.
File a Complaint with Labor Authorities
You can file a report of your employer’s labor law violation to the Labor Commissioner’s Office location nearest you.
File a Lawsuit
You and your attorney may choose to file a lawsuit against your employer if your case has not been successfully resolved.
In an expense reimbursement claim, evidence plays a pivotal role in substantiating your case. Here are the types of critical evidence you need:
Clear, accurate, and comprehensive documentation can significantly strengthen your claim.
California Labor Code section 2802 provides that an employer shall reimburse their employee for all actual and necessary expenditures incurred by the employee that are directly related to the discharge of the employee’s duties.
An employer who fails to pay their employee when the reimbursements are due, may be ordered to pay the interest on the sums due. A court may also impose other penalties on an employer who fails to reimburse their employee’s expenses.
Under the Labor Code section 2802, necessary expenditures or losses are defined as “all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing [their] rights…”.
Expenses typically reimbursed by employers include:
Not all expenses you incur for your work-related activities will be considered necessary and reasonable. If you are not sure about your legal position regarding your expenses, you should speak to an expense reimbursement attorney in Los Angeles who will assess your case and make a determination about whether it meets the legal standards.
There are instances where an employer makes other arrangements to cover an employee’s necessary expenses such as increasing the base salary, or offering a higher commission rate for sales positions.
In such cases, the employer is required to provide a method or formula to identify the amount of the employee’s payment that is intended to cover their expense reimbursement. The method or formula should be made clear, and communicated to the employee so that the employee can determine whether the employer has met its legal obligations regarding both salary and expense reimbursement.
For an employee to successfully make a claim that an employer violated Section 2802 requiring reimbursement of necessary work-related expenses, the employee must prove the following elements of their case:
To succeed, the employee must prove all three elements in addition to proving that the employer either knew or had reason to know that the employee incurred the expenses.
If your employer fails to reimburse you for work-related expenses, the law allows you to seek reimbursement with interest. At Aegis Law Firm, our legal team can assess whether you have a valid claim and help you take appropriate legal action to get the compensation you deserve. Call us today at (949) 379-6250 to schedule your free consultation.