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View Full Version : expense reimbursement - over 30K unpaid California


gotscrewed
08-08-2008, 06:36 AM
Okay, to put a long story short here is the following:

1. I was employed for a small company in california from 2004. I lived in California , though, recently left to go to work for another company.
2. The owner of the small company wanted me to take on a contract to a vendor site to help support a product onsite. I was still employeed with the company just sent onsite to a vendor support site.
3. The deal was per diem/housing/travel back and forth from California to the east coast.
4. It was suppose to be a 6 month contract which kept getting extended to over 4 years.
5. Expenses were paid by the vendor site based upon what I wrote in the expenses.
6. Since the time it started the contract the expenses were late. Most of the time it was 90-100 days late.
7. Every six months I would return to California. Plus, I was paying California taxes the entire time.
9. About 1 year ago the expenses quit coming in at the regular pay (not to say it was too regular since each time I had to ask about a check). I was constantly harassed over it when I did ask for a check. The entire time I was billable (alot) to the customer.
10. This customer pays their bills. 6 months ago, the customer decides to re-negociate the contract to have me expense a flat rate of 4000.00 per month. I was told no more per diem just housing. So I expensed what I was told.
11. Now, to the present. I left the company since the expenses were never were caught up. I was pretty much forced to leave California to go to work for another company in the same industry since I knew the only way to get a payment was to leave his company. I was told he would make payments like a normal paycheck to me. The first paydate came and went without payment. Plus some other things happened (3 days not paid). I know the law says the expenses have to paid in a reasonable manner. Also, the employer is suppose to catch up with expenses.

Now, what should I do since now I am in another state? What should my next step be? I did give proper notice. I worked two weeks after I gave notice. I did everything proper as I could have done it.

I have all of the expense reciepts spreadsheets.
I have every document pertaining to my expenses.

The owner who set this deal up in the first place is the owner of the company. He set the guidelines for the contract. The customer accepted the expenses and paid net 30 on the expenses. I know this for a fact. I tried to see if I could just invoice the customer directly. It came down to his choice since the customer said they would do what he decided. The unpaid expenses have cost me more than 30K. Aggrevation, stress, credit card interest. Not to mention alot of tension between me and his company.

What do I need to do about this? This is real! There are people out there who do not take care of thier employees!

Pattymd
08-08-2008, 06:53 AM
For that amount, I'd bypass the DLSE and go straight to an attorney for advise regarding a civil suit, including who the leglly responsible party is.

Problem is, as I see it, is that some of your expenses seem to fall under Labor Code Sction 2802 and some appear to be promised under a contract.

gotscrewed
08-08-2008, 08:58 AM
yeah figures I am going to have to go this direction. I tried to be the nice guy.

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