How can I collect travel expenses that I am due from my previous employer?
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How can I collect travel expenses that I am due from my previous employer?
I recently resigned from my employer and they still owe me $2400 in business expenses. They sent a check for only $600 citing that receipts over 30 days old stood the chance of being delayed, reduced or forfeited. They never said which it was. My last communication from them was that they were investigating internally. That was on last week. I have been trying to collect this money from them since I resigned 2 months ago. I sent them copies of previous expense checks where they reimbursed me for expenses that were 6 months old while I was employed. In my opinion they set a precedent. I looked at the employee handbook and there is nothing under the travel expense section that allows them to do what they are doing.
Asked on October 30, 2015 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You sue them--that's how you get money from someone who owes you but refuses to pay. You sue them on three bases:
1) Breach of (oral) contract: the agreement between you and them that in exchange for working, going on business travel, and footing the cost thereof, they would reimburse you.
2) Unjust enrichment: they are inequitably or unjustly and improperly enriched by you having paid for travel to benefit them.
3) Promissory estoppel: you reasonably relied, in incurring these costs, on their promise to reimburse you, and would not have incurred them but for that promise.
For the amount in question, suing in small claims court, acting as your own attorney ("pro se") is a good option.
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