Ask Terry Questions Do I have a choice in taking the payroll or staying on unemployment until I return to work?

Do I have a choice in taking the payroll or staying on unemployment until I return to work?

By Terry Savage on April 27, 2020 | Wild Card

I was laid off from my employer due to state shut down and started receiving unemployment but a month later my employer got the grant money from the government for payroll and business Expenses I make almost $1000 more every two weeks then my employer pays me. When I was first laid off my husband and I both was receiving unemployment but it was way less than what we bring home and got way behind on bills this money really helps us get through this tough time until we both are back on our feet.
So do I have to except this money that my employer is paying me Or can I stay on unemployment until I return back to work When the state wide shut down is over Do I have rights? it’s not about the money it’s about supporting my family in this time when we were already behind on bills because both my husband and myself was laid off and was making way less and couldn’t make the bills until the $600 increase now we are trying to get back on our feet but taking the payroll is not gonna help me I feel like my employer is demanding that I take this money when I need to think about my family first To get back on our feet can you help me so confused and feel like I have no rights.

Thank you kindly

Terry Says

OK, this is a tough situation and you’re not the only one in this situation. I honestly need to do some research to give you a legal answer. So here’s the problem. The business owner can only get the loan if it is mostly used for payroll, and some can be used for rent. So he/she probably feels great that they got the loan.
But with the new additional $600/week many people are making more from unemployment than they were when they were working! So it is understandable that you’d rather be unemployed. Problem is, if you quit, you’re not eligible for unemployment!

So you are caught in the middle, along with a lot of other people who wish their bosses hadn’t gotten the PPP loan. Now, a lot of this depends on whether the business is able to reopen after this all passes. But if they lay you off then, having qualified once, you may not get the Federal extra payment the second time around.

This is a tough situation, and this week I will contact a labor attorney and will hope to be able to give more specific news under “columns” on my website.

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