Reimbursement for an approved expense report is two months late.What are my rights?

My company has a reimbursement policy for travel expense. I submitted an expense
report two months ago and still have not gotten paid. Most people get paid
within two weeks as is the policy. I need to understand what my rights are and
how I can use those rights to get my company to pay me. I’ve also been asked to
travel again for the company next months and will have to expense this travel as
well. I am extremely concerned that I will not get paid for this travel as well.

Asked on April 4, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your only right is the right to sue them for the money, based on "breach of contract" (for violating the agreement, whether written or unwrtitten, according to which you traveled in expectation of reimbursement) and "unjust enrichment" (since they are not allowed to be "unjustly" enriched by taking something--your payment of expenses--that they knew you were doing in exchange for reimbursement or compensation without paying you). Unfortunately, since reimbursement of expenses is not governed by the labor laws, no agency will help you; your only recourse is a lawsuit (e.g. in small claims court) for the money.


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