Attorney Jean-Claude Lapuyade

What is a 2802 claim?

California law, specifically section 2802, provides that employers have to reimburse an employee’s expenses and other losses.

Section 2802 is a broad law. It includes more typical employment expenses, such as gas and miles, the cost of necessary continuing education, parking, and the like.

However, it also can include other items as well. For instance, if an employee becomes legally liable in the course of performing his or her duties, then the employer must pay those damages.

There are some limits on Section 2802. For example, the employee must be doing his or her job at the time of the loss or expense.

Also, an employee may not claim reimbursement for losses the employee incurred while doing something unlawful if the employee knew as much.

San Diego employees can recover their expenses and additional damages

A San Diego employee can file a claim under Section 2802 either in court or before the Division of Labor Standards Enforcement. What option is best will depend on the unique facts of an employee’s case.

In addition to recovering their expenses, employees may also seek the costs of having to file a formal claim for reimbursement. This claim can include recovery of attorney fees.  A judgement will also accrue interest.

Too many employers in the San Diego area may not follow Section 2802 and thus deprive their employees reimbursement for costs they should not have to pay out of their own pocket.

In some cases, this may be to ignorance of the law or simple carelessness. In other situations, though, an employer may be trying to save money at its employees’ expense. In either case, an employee has the right to pursue his or her legal options.