Q: Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?
I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure
A: In the absence of an employment contract or collective bargaining agreement, a company may cease operations due to business necessity caused by the pandemic and not pay employees who are not performing work. You may be eligible for unemployment benefits. On the other hand, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law, this could be considered “interference” with their federal leave rights. The Eleventh Circuit has held that employees are protected from FMLA interference prior to the occurrence of a triggering event where the necessity for leave is foreseeable. If a company laid off workers in anticipation of the effective date of the Coronavirus Paid Leave Law, the company may be liable for unlawful interference. However, in this case it appears likely a child care provider would shut down for legitimate reasons under the circumstances.
Bruce Alexander Minnick and Alberto Naranjo agree with this answer
A: I would file for unemployment asap. They can close down the business temporarily without needing to pay but you might want to educate them on the payroll protection plan to see if they can get help paying employees.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
