Legal Question in Employment Law in New York

Business Expense Reimbursement

After being laid off from a previous job, my employer refused to reimburse me for business expenses incurred, saying that they were filed late and the company was entitled to refuse payment. Three basic questions:

1.) Is this legal and what laws/regulations govern reimbursement of business expenses incurred?

2.) What recourse is available? Is it simply a matter of suing them to recover these expenses?

3.) Is there a statute of limitations limiting when legal action can be initiated?


Asked on 10/31/03, 4:10 pm

2 Answers from Attorneys

Albert Van-Lare The Law Office of Albert Van-Lare

Re: Business Expense Reimbursement

as a general rule your employer should reimburse you for your business expenses. However most companies have internal rules that must be followed for accounting and and legal reasons. You are obligated to follow the rules. Being timely may be one such rule. You may still get your money if there are reasonable reasons for the delay and if refusal to pay such money would unjustly enrich the employer.Employee expense is govern by tax laws and the principles of contract laws.In NY the statute of limitation of contractual matters like yours will be six years.

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Answered on 10/31/03, 6:03 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Business Expense Reimbursement

You should consider suing your employer in small claims court for your unreimbursed expenses. You will need receipts or other proofs of expense in order to prevail

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/03/03, 10:35 am


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