I most recently submitted my expenses as well as my consulting fees to my ex employer my ex employer responded back by telling me that it is company policy that I only have three months to submit any expense reimbursement and consulting fees, because my e

My answer assumes you were a California employee and not an independent contractor. Note that it doesn't make a difference if the employer and you agreed you were an independent contractor; whether you were or not is dependent on the law, not on the parties' agreement. Please see my guide detailing which workers are employees and which workers are independent contractors: http://www.thespencerlawfirm.com/tslf-ic-vs-ee.php.

Federal court resolved the issue of how long an employee has to claim expense reimbursement where an employer's policy states a shorter time than the law provides. An employee has three years from the date of termination to claim unreimbursed expenses because the right to reimbursement is based on statute (Labor Code section 2802), and the time limit to enforce a statute is three years. The employer cannot limit reimbursement to its three-month policy because that forces the employee to waive his or her right to expense reimbursement, and California law does not recognize such a waiver as enforceable. The employer must have either known about the expense or had reason to know about the expense. The case explaining this legal principle is Stuart v. RadioShack Corp. (N.D. Cal. 2009) 641 F.Supp.2d 901, and you can read a copy of it here: https://casetext.com/case/stuart-v-radioshack-corp.

I don't know what you mean by "consulting fees." If these were wages, you can pursue a claim for these unpaid wages by:

(1) Filing a wage claim: The Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm. You will be able to collect unpaid wages for the past three years counting from the date you file. The advantages of this method is that there is no cost to you whatsoever and some employers are very responsive to a government claim. The disadvantages are that if you use your own attorney to assist you in this process, you are responsible for paying the attorney's fees; it can take a very long time to resolve the case because the DLSE is underfunded and understaffed; you "lose" the opportunity to collect the fourth year of unpaid wages; and the DLSE often puts pressure on the claimant to settle with the employer for less than the claim is worth.

(2) Retaining an attorney: An attorney can negotiate a resolution with your employer or, if that is not possible, can file a lawsuit in court to collect these unpaid wages. The attorney can pursue the past four years of unpaid wages, again counting from the date you file the lawsuit. The advantages of this method include that you can collect four years of unpaid wages; assuming you are successful in your lawsuit, the court must order the employer to pay your attorney's fees and costs; and the case can be resolved very quickly if the employer responds to your attorney's negotiation overture. The disadvantages are that if negotiation is not successful, it can take up to two years to resolve the case in court because the court is underfunded and many courtrooms are closed. Also, the court may not award the full amount of attorney's fees incurred and, depending on your legal services agreement with your attorney, some of the attorney's fees may be paid from your award; if the case is negotiated, it will certainly be settled for less than the full value because no employer settles for the same amount it would have to pay after litigation. Finally, court records are open to the public and any future prospective employer is able to learn about your suit against this employer, which may affect whether the prospective employer hires you.

(3) Filing a claim in Small Claims Court if the amount owed is less than $10,000. The advantage is that the process is faster than court litigation. The disadvantage is that you cannot have an attorney or any other representative. While the employer cannot have an attorney or representative either, it can assign a sophisticated employee representative who has been through the process many times, or who has been trained by an attorney, which may leave you disadvantaged.

If your claim is substantial, it is usually a good idea to retain an attorney and try to negotiate a settlement. You can pursue the most wages this way – four years – and receive the benefit of the attorney's experience. You can avoid a public record, potentially. And of course the other reasons mentioned.

To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

For independent contractors, the time limit to claim reimbursement is based on the terms of the contract between the hiring entity and the independent contractor.

posted by Marilynn Mika Spencer  |  Jan 24, 2016 12:41 PM [EST]