If my company has outstanding reimbursements that they owe me, what is my recourse if I quit?
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If my company has outstanding reimbursements that they owe me, what is my recourse if I quit?
I currently am owed over 10000 in reimbursements by my company in
California, as well as a couple missed paychecks here and there over the last
couple months. If I quit, are they required to pay this upon my last day? What is
my option for recourse if they don’t?
Asked on May 17, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) In your state, they'd have to pay any as-yet unpaid salary or wages (paychecks) within 72 hours of your resignation. If they do not, you could contact the state department of labor to file a complaint and/or sue.
2) However, reimbursement is not protected the same way. There is no time period for reimbursement set out in the law, and the department of labor will not help you in the event of a dispute or nonpayment. The employer has to reimburse you within whatever the agreed-upon timeframe or framework is in your company for reimbursement--if there is no formal agreement, within the timeframe normally taken for reimbursement. If they do not, your recourse would be to sue for the money.
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