Can my ex-employer withhold my work reibursement expenses and commission?
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Can my ex-employer withhold my work reibursement expenses and commission?
Company located in San Diego, CA. I was recently let go and the company is withholding 4K in work related business expenses and additional commission and will not issue a check to me until I send back ‘marketing materials and car stock’ they ‘believe’ they don’t know if I actually have any, they are assuming I have in possession. I was an employee working in Atlanta, GA. What can I do to fight this ?
Asked on August 21, 2019 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can sue them for the money: assuming the amount is less than the limit for your state's small claims court, suing in small claims, as your own attorney or "pro se," is a fast, cost-effective option. Even if, for the sake of argument, you owe them something, their recourse would have been to sue you and try to prove in court that you still have their materials. Their obligation to pay you your reimbursement and commissions, according to the same terms under which they have previously paid you reimbursement and commissions, is independent of that, and you can sue them for their failure to pay.
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