Should my employer be requiring a polygraph in order for me to receive reimbursement for operating expenses I was forced to incur?
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Should my employer be requiring a polygraph in order for me to receive reimbursement for operating expenses I was forced to incur?
I originally turned in documentation for expenses paid out of pocket and I’m being told they can’t locate what was sent. I was then told to send my bank records in order to be reimbursed. I complied and now I’m being asked to take a polygraph by my employer. He is questioning $800 out of the $5400 I’m owed. I haven’t received any reimbursement for expenses not in question either. These are expenses I paid out almost a year ago.
Asked on May 26, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They can request it of you; if you don't want to take it and believe they are illegally refusing to pay you money you are owed for legitimate reimbursement, your option would be to sue the employer for the money. In court, you would have the chance to show that these were legitimate business expenses; the employer can present any evidence to the contrary; the judge will decide if you are owed the money and how much, and if you win, order the employer to pay it.
Of course, suing your employer is a drastic step; you may wish to work it out with them if possible (possibly by giving up a claim to some of the money?). But if you can't or don't want to try and settle, you may sue.
If the bonuses were guaranteed, non-discretionary bonsues (e.g. based, in a written agreement, on some accomplishments or hitting some targes, which you can prove you did), you could sue for them, too. Bear in mind that discretionary bonuses (ones not based on objective targets) are *not* guaranteed; the employer can, even after promising them, refuse to pay, and that is unprofessional and unfair, but legal.
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