Do we have to take ppp check from employer
I worked for a corporation that owned restaurants at the airport. We were laid off and the resturant I worked for closed down permanently in mid March.
I recieved an email from the corporation saying they got the PPP loan and will be giving us checks, and we can’t refuse these checks. A lot of us worked for tips and they’re averaging out our tips and hours worked Dec 2019-Feb2020. Problem with this is our checks took some big swings in those 3 months, so what they average out for us will be less than what we made in a week. And much less than what we’re getting on UI right now.
I’m making about the same being on UI, but will be getting about 300 less a week if I take the ppp check.
Can a company force us to take a ppp check when they laid us off and we don’t have a job to go back to since they permanently closed our restaurant?
Terry Says
This is a question I have received from MANY people, who are getting more weekly unemployment benefits (including the $600 from the federal government) than they earned while employed! The govt wasn’t too smart on this one!
Now, in most cases, the answer is that you MUST take the PPE checks. The owners MUST use the money mostly for payroll. If you refuse it, it’s like quitting — and then you wouldn’t qualify for unemployment!! (Catch 22 if you remember that book! Or watched Mash.)
BUT, in your case, if you have written proof that they closed the restaurant permanently — something in the letter they sent you when you were laid off — then you might be able to argue that you were officially fired. I’m talking to some lawyers about this now. So stay tuned!
