What to Do if Your Employer Does Not Reimburse You for an Expense Report
My question involves labor and employment law for the state of PA. I was released from my position as a termination for refusal to relocate. I had 3 open expense reports totally $2900 at the time of release. From my past experience when you are released all monies due are to be paid at that time. It's been 26 days and I have yet to be paid anything. The last email I received stated they were still waiting on 3 approvals and that they weren't paying my luggage fee and another flight change item that they always paid in the past. They also stopped my health insurance on the day of my last working day despite deductions from my pay. I may have just worked for better corporations in the past but shouldn't my healthcare have been extended through month end? I am more worried about my money which is collecting interest for now the 3rd month since travel was in February. And I don't have an extra $3000 to pay it out right.
Re: Expense Report Not Paid
In 48 states, including yours, payment of expense reports is a matter of the agreement between the employer and the employee. Except in California and Massachusetts (and only sometimes in Massachusetts) the law does not take a stand on the payment of expenses. Barring a legally binding and enforceable contract that says otherwise, the law would be indifferent if the expenses were never paid out. I'm not saying you couldn't win if you sued your employer, but it's not a sure thing either, and the PA DLI is not going to get involved.
There is nothing in the law of any state but Texas (and I'm not even sure if it's still the law in Texas) that requires your employer to continue your insurance to the end of the month; nor does the fact that there was a deduction from your last pay mean that you've paid till the end of the month. Where I work, and everywhere I have ever worked, deductions roll backwards, not forward; a deduction taken on March 31 is for the month of March, not the month of April, and the same if you are paid bi-weekly or weekly. The deduction is for the period that you are being paid for, not the new period to come. It is quite common, and quite legal, for coverage to end on the last day of employment.
Re: Expense Report Not Paid
Regarding my expense report. I was given a $1550 travel advance AND despite my receipts and such being submitted timely, they still deducted my next to last pay by $1550 for "missing" expense report. So regardless of the law they deducted my paycheck negligently. I'm beside myself and they are an offshore Indian IT firm, so it is impossible to get an answer
Re: Expense Report Not Paid
US law won't help you get back the $1550 either. Your only recourse is to sue them, and to paraphrase cbg, the outcome of that won't necessarily be a slam dunk.
Question though: are you an independent contractor or an employee?
Re: Expense Report Not Paid
That doesn't change the fact that there is no law requiring your employer to pay your expenses on any particular timeline, or at all. I can't create a law out of thin air for you.
You are free to sue the employer and see what happens.
Re: Expense Report Not Paid
Texas Senate Bill 51 does still require coverage through the end of the month -- here's one link if you want it: https://www.bcbstx.com/producer/sb51_faq.htm
Re: Expense Report Not Paid
No I was s full time salary employee. I was considered an offshore employee even though I am a US citizen. You can't doc a pay and not reimburse the person when it was in error.....I appreciate all the feedback