Clearwater, FL asked in Employment Law for Florida

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

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: it depends on the terms of your contract.

Bruce Alexander Minnick agrees with this answer

Jay P. Lechner
PREMIUM
Jay P. Lechner
Answered
  • Tampa, FL
  • Licensed in Florida

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

Alberto Naranjo
PREMIUM
Alberto Naranjo
Answered
  • Miami Lakes, FL
  • Licensed in Florida

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.

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