What can I do if an employer contractually agreed to re-imburse my expenses but has refused to do so?
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What can I do if an employer contractually agreed to re-imburse my expenses but has refused to do so?
I worked for a company, as a 1099 contractor. The owner misrepresented the position. I was on the road through the week and at home, on the weekends. I didn’t have the work environment to maintain an office. When I returned home,
I would have to catch-up with personal affairs. At the end of 2016, I turned-in 5 months of expenses for re-imbursement. Nothing was stipulated contractually as to time limits. In fact, my trainer joked that we could turn them in weekly or wait to receive a Christmas bonus. I worked in Indiana, Michigan, and Ohio. Can I file claim in Indiana…the company is located in Missouri? Another consideration, he would micromanage our daily activities, distracting me from carrying out all of my duties. He owes me $7000.
Asked on February 14, 2017 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The alleged "misrepresentation" is not relevant: an employer may change a job at will, unless it is specified in an written employment contract, so there is no right to a particular set of duties or work condition. Similarly, the micromanagement is irrelevant: employers are allowed to micromanage or generally manage awfully, interfering with work.
What does matter is that you incurred expenses for work, with the understanding they would be reimbursed, and they have not been. You could sue the employer for the money, based on "breach of contract"--violation of the understanding or agreement (even if only an oral, or unwritten one) that you would be reimbursed, and based on which you incurred the charges. You need to sue in a county in which the employer has an office--the county/state for its main office would be preferably--because (to oversimplify), courts only have power over defendants located within their jurisdiction.
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