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after quitting, how long does a company have to reimburse mileage/meals? California

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  • after quitting, how long does a company have to reimburse mileage/meals? California

    I have worked for the same company for about three-years, and resigned to take a better job. I have travel and expense claims that have not been paid since Jul '08. Up to that date, they were paid, but then the company claimed financial hardship and asked us employees to continue to submit the claims, but they couldn't be paid until the customer caught up with paying the company.

    My question is how long does this company have to pay me my travel and expense claims after I resigned, and is there any recourse I have with the California labor board to require this payment?

    One point of fact is that the company is based in Washington State, but we do business all over the United States, hardly ever in Washington. Also, most of my employment with them for the last year has been in California, they pay California State taxes for me, and I am a California resident.

    Thanks for the help,

  • #2
    As long as you are a CA employee doing work in CA, the law should cover you. You can file a wage claim or a small claims court action or talk to an attorney about a general court action. I will cite the applicable law below.

    California Labor Code section 2802.
    (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
    (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.
    (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)