What are my options in terms of getting an expense check from my employer?

UPDATED: Sep 30, 2022

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What are my options in terms of getting an expense check from my employer?

I went from a W-2 employee to a 1099 almost 6months ago. I am still working for this company and they owe me an expense check from. I keep asking for it but get the runaround. Do I have an legal options here in terms of getting my check? They are still treating me like a W-2 employee but I’m having a hard time doing work for them when they won’t pay me.

Asked on February 19, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your legal option is to sue them for the money: if you advanced expenses on behalf of your employer, pursuant to an agreement (even if unwritten) that you'd be repaid or the reasonable expectation, fostered or encouraged by them, that you'd be repaid, and they do not repay you, you can sue to recover the money. Unfortunately, that is the only way you can recover the money if they do not voluntarily honor their oblgation to repay you.

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