Can I charge my employer fees I incur….

UPDATED: Sep 30, 2022

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Can I charge my employer fees I incur….

My employer has recently been consistently late with payroll. As a result, I have
incurred late charges for monthly payments that I am responsible for rent,
utilities, credit card, etc. Can I file an expense report with my employer to
recover these fees?

Asked on October 6, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the employer either negligently (carelessly) or intentionally (deliberately) pays you late, they can be held liable for the reasonably foreseeable (logical or predictable) consequences of doing so, such as late charges. Therefore, you may be able to recover this money from them. (I write "may" because no legal action is certain--you cannot guaranty winning.) But if they won't voluntarily compensate you, you'd have to sue them for the money; and suing your employer is obviously a drastic act, which can badly effect your relationship with the employer and your job. You'd also have to spend time and (even if you act as your own attorney) at least some money on the suit. So while you can ask, if they won't pay voluntarily, it is not clear that legal action for the late fees is a good or worthwhile option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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