Can I charge my employer fees I incur….
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Can I charge my employer fees I incur….
My employer has recently been consistently late with payroll. As a result, I have
incurred late charges for monthly payments that I am responsible for rent,
utilities, credit card, etc. Can I file an expense report with my employer to
recover these fees?
Asked on October 6, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the employer either negligently (carelessly) or intentionally (deliberately) pays you late, they can be held liable for the reasonably foreseeable (logical or predictable) consequences of doing so, such as late charges. Therefore, you may be able to recover this money from them. (I write "may" because no legal action is certain--you cannot guaranty winning.) But if they won't voluntarily compensate you, you'd have to sue them for the money; and suing your employer is obviously a drastic act, which can badly effect your relationship with the employer and your job. You'd also have to spend time and (even if you act as your own attorney) at least some money on the suit. So while you can ask, if they won't pay voluntarily, it is not clear that legal action for the late fees is a good or worthwhile option.
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