Company requires employees to go out of time and provides a per diem check which is not enough money so the employee has to come out of pocket. Employee is required to be out of town for 10 days and off work for 4. When the employee gets back to work they are told they have to pay the company back the per diem check. Can they do this?!?!

Is the employee exempt or non-exempt?

non-exempt

Okay. Next question, in that case, what is the per diem check supposed to cover?

Hotel and food. They drive a company truck and have a credit card that only works half the time with $200 for gas only. The check is never enough to pay for the hotel the entire time and food.

So, are you saying they "advance" you the per diem amount to cover your expenses, then require you to pay it back and they don't reimburse you for your personal funds spent in total (since you have to return the per diem)?

If I am understanding you correctly, I think that stinks, but there is no law in Georgia that requires an employer to reimburse the employee for personal funds expended for business. Sorry.