Car allowance and expenses not paid

[dolnar]

FL

My employment with a very small company was terminated. My former employer still owes me several months worth of car allowance and expenses for a total amount of less than $5,000. Nothing else is over due. Monthly car allowance and expenses in my contract. Expense reports and receipts have been submitted months ago. Company has always been very slow at paying them. What can I do?
Thank you for your help.

 

[cbg]

Small claims court. There is no Federal law and no law in 48 states (including Florida) that requires an employer to repay expenses, and in one of the two remaining states the mandated reimbursement is limited to mileage, so wage and hour law won't help you.

Yes, I know it sucks.

 

[dolnar]

Small claims court. There is no Federal law and no law in 48 states (including Florida) that requires an employer to repay expenses, and in one of the two remaining states the mandated reimbursement is limited to mileage, so wage and hour law won't help you.

Yes, I know it sucks.

Thank you.
Even if car allowance and expenses reimbursement are stipulated in the employment contract?
I have to travel from out of state to Florida to go to small court should I even waste my time and more money?

 

[cbg]

If it's in a contract, that's even more reason why it's a small claims issue. Wage and hour law does not apply to contracts.

Additionally, Florida does not have a wage and hour division and refer to the Federal DOL, and the Federal law does not care about anything but exactly what the law entitles you to. They will support minimum wage and overtime; nothing else.

 

[dolnar]

If it's in a contract, that's even more reason why it's a small claims issue. Wage and hour law does not apply to contracts.

Additionally, Florida does not have a wage and hour division and refer to the Federal DOL, and the Federal law does not care about anything but exactly what the law entitles you to. They will support minimum wage and overtime; nothing else.

Thank you again. I will pursue in small court. Have a great weekend.

 

[dolnar]

Small claims court: NO GO

Just an update. My contract ogligates me to mediate as the first dispute resolution mechanism. I am told that this can be expensive. Do I need an attorney to represent me and where do I find a mediator?
I really don't want my former employer to get away with not paying what he owes me.
Thank you for any advice.

 

[LdiJ]

Just an update. My contract ogligates me to mediate as the first dispute resolution mechanism. I am told that this can be expensive. Do I need an attorney to represent me and where do I find a mediator?
I really don't want my former employer to get away with not paying what he owes me.
Thank you for any advice.

Food for thought:

When a small company is slow to pay expense reimbursements, its nearly guaranteed that they are having cash flow problems. Suing them won't magically make money available to pay you. You might try to exhaust all negotiation options with your former employer before suing.

 

[dolnar]

Food for thought:

When a small company is slow to pay expense reimbursements, its nearly guaranteed that they are having cash flow problems. Suing them won't magically make money available to pay you. You might try to exhaust all negotiation options with your former employer before suing.

Thank you very much. In fact the company is very small in the US but it is a subsidiary of a larger foreign company with no financial difficulties. The US manager is very flaky and nasty, he likes to play games with people. I have always had to beg to be reimbursed now that we parted ways I suspect that he is trying to get away with not paying me out of spite.