Can my ex-employer withhold my work reibursement expenses and commission?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my ex-employer withhold my work reibursement expenses and commission?

Company located in San Diego, CA. I was recently let go and the company is withholding 4K in work related business expenses and additional commission and will not issue a check to me until I send back ‘marketing materials and car stock’ they ‘believe’ they don’t know if I actually have any, they are assuming I have in possession. I was an employee working in Atlanta, GA. What can I do to fight this ?

Asked on August 21, 2019 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue them for the money: assuming the amount is less than the limit for your state's small claims court, suing in small claims, as your own attorney or "pro se," is a fast, cost-effective option. Even if, for the sake of argument, you owe them something, their recourse would have been to sue you and try to prove in court that you still have their materials. Their obligation to pay you your reimbursement and commissions, according to the same terms under which they have previously paid you reimbursement and commissions, is independent of that, and you can sue them for their failure to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption