Non-reimbursement of Business Expenses

Non-reimbursement of Business Expenses Lawyer in California

Employees in California may have the right to be reimbursed for a reasonable portion of their out-of-pocket business expenses. If you are forced to work from home because of COVID-19, your employer should likely be reimbursing you for a reasonable portion of your work-related expenses. Your employer may have an obligation to reimburse you for a reasonable portion of your home office, cell phone, mileage, and other work-related expenses.

What Types of Expenses Does My Employer Need to Reimburse?

It really depends. But for the most part, any expenses that are reasonably incurred in order for you to perform your work likely need to be reimbursed.  For example, many people are reporting home office expenses such as WiFi, printer-related expenses, (paper and ink) home office expenses, cell phone expenses, office supplies, etc.

I Am Forced to Work From Home Because of Covid-19. Does My Employer Need to Reimburse Me for My Incurred Expenses?

Probably. If you have not been fully reimbursed for your out-of-pocket business expenses, then you may wish to speak to a lawyer about assisting you with bringing a reimbursement claim. Lawsuits can be extraordinarily complex, and often require a trained professional to maximize the value of your case.  The lawyers at our office regularly handle cases on behalf of employees who have not been fully reimbursed for their out-of-pocket business expenses, across the entire state of California.  Reach out now for a free confidential consultation.

Does My Employer Need to Reimburse Me for My Miles Driven as Part of My Commute?

No. Employers are not required to pay for all mileage associated with workers’ jobs. Most importantly, there is no obligation for an employer to reimburse for mileage driven commuting to or from work. The same goes for other transportation costs incurred in commuting to and from home and work.

What About Miles Driven That Are Not Part of My Commute? Does My Employer Need to Reimburse Me for Those?

Probably.  But the analysis would have to be on a case-by-case basis.  Reach out and we can help you understand the law.

Does My Employer Need to Reimburse Me for the Use of My Cell Phone?

Under California law, when an employee must use their personal cell phone for work-related calls, an employer is required to reimburse them.  It is important to note that even when the employee has a cell phone plan with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills. The California Court of Appeals explained that reimbursement is always required because otherwise, the employer would receive a windfall because it would be passing its operating expenses onto the employee.  

When an employee is required to use his/her personal cell phone for work purposes, the employer must pay some reasonable percentage of the employee’s cell phone bill.  It does not matter if the phone bill is paid for by a third person, or at all.   It does not matter if the employee changed plans to accommodate worked-related cell phone usage.   It does not matter if the employee’s phone is part of a family or group plan.

Does My Employer Need to Reimburse Me for Mileage?

If an employer requires an employee to travel on company business, the employer must reimburse the employee for the cost of that travel.  The employer can reimburse the employee in a number of ways:

Does My Employer Need to Reimburse Me for My Miles Driven as Part of My Commute?

No. Employers are not required to pay for all mileage associated with workers’ jobs. Most importantly, there is no obligation for an employer to reimburse for mileage driven commuting to or from work. The same goes for other transportation costs incurred in commuting to and from home and work.

I Have Not Been Fully Reimbursed for My Out-of-pocket Business Expenses. Do I Need to Consult With a Lawyer?

If you have not been fully reimbursed for your out-of-pocket business expenses, then you may wish to speak to a lawyer about assisting you with bringing a reimbursement claim. Lawsuits can be extraordinarily complex, and often require a trained professional to maximize the value of your case.  The lawyers at our office regularly handle cases on behalf of employees who have not been fully reimbursed for their out-of-pocket business expenses, across the entire state of California.  Reach out now for a free confidential consultation.

How Much Does an Attorney Cost?

Our office represents California employees who have not been properly reimbursed for their business expenses on a contingency fee basis. This means that the client does not pay any expenses out of pocket, and does not pay attorneys fees until the case is won or settled. If the case does not settle or does not result in any recovery, then the client does not owe any attorneys fees. The lawyer is paid a percentage of what is recovered at the conclusion of the case.

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Melmed LAW GROUP

Melmed Law Group was founded to exclusively focus on complex employment litigation matters on behalf of employees. Since its inception, Melmed Law Group P.C. has successfully litigated over 100 class actions throughout the entire state of California.Mr. Melmed was selected as a a Super Lawyers Rising Star, which is an honor reserved for less than 2.5% of California lawyers. It is an honor and a privilege for our firm to be involved in this very rewarding work of seeking to obtain redress on behalf of California’s workers.