Q: Am I entitled to mileage reimbursement?

A: Under California law, employers are generally required to reimburse employees for all necessary expenses incurred as part of their job, including mileage and phone use. Even if you signed a contract stating you wouldn’t receive mileage reimbursement, such an agreement may not be enforceable if it contradicts California’s labor laws. Verbal agreements can also be binding, so your employer may be violating the law by failing to pay you for mileage as promised.

You should also be reimbursed for the use of your personal cell phone if it's required for your job duties. This applies even if the employer didn’t explicitly agree to pay for it but still requires you to use your phone for work-related tasks.

It might be a good idea to consult with an attorney who can help assess your situation and determine if you're owed reimbursement for both mileage and phone use. If your employer’s failure to reimburse you results in significant financial harm, it could be considered a valid reason to leave your job, which may make you eligible for unemployment benefits. Keep records of any expenses and communications with your employer, as they could be helpful if you decide to take legal action.

A: You are entitled to be reimbursed all expenses you incur to do your job. When you use your own vehicle, that means your employer must not only reimburse you for mileage, but also for the wear and tear on the vehicle, including the pro rata portion of your expenses for vehicle maintenance, insurance and other necessary expenses. The same is true when you are required to use your own personal electronics like a mobile phone. You are entitled to that percentage of the the monthly service fee for your phone that you use for business purposes. This is the California Labor Code and no contract signed by you can vitiate the employer's obligations under the Labor Code. Regarding whether you could quit and get unemployment, that is likely not possible. Your remedy is to seek reimbursement either through negotiation, litigation or administrative process. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.