The Law at Work: Expense check: Answer these 3 questions to determine whether to reimburse an employee’s claimed work expense
Since 1872, California employers have been required fully to reimburse their employees for “necessary” expenses employees incurred “in “direct” consequence of employees carrying out their duties. The California Supreme Court has said that whether a cost is necessary therefore “depends on the reasonableness of the employee’s choices.” But what kind of expense is directly related to an employee’s duties? And when is an employee expense reasonably necessary for the performance of those duties? In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton outlines three questions that may help in determining rightful reimbursement:
- Was the employee directed to incur the expense?
- Did the employer have reason to know the employee would incur the expense?
- Did other employees doing the same job as the employee seeking reimbursement incur similar expenses in doing their job?
Click here to view the full article.