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.
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.