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PPP Payment Question

Discussion in 'Employment, Labor, Work Issues' started by Cyrus Lakeview, May 2, 2020.

  1. Cyrus Lakeview

    Cyrus Lakeview Law Topic Starter New Member

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    Here is the situation. Four weeks ago we (the employees) were called into our office for an independent meeting. We were told that we would be receiving a paycheck for at least the next 8 weeks courtesy of the PPP loan program. It was then explained that we would receive an amount based on the following. Our total hours worked over the first quarter of 2020 (13 weeks) would be averaged out to determine our weekly paid amount. Unfortunately we did not have a lot of work the first quarter so my hours averaged to 24.50 a week. This is what I recieved each week for the first 4 weeks (24.50 hours x my hourly pay). We were then told there was some work coming and may be called upon to work when needed, any amount of time worked over our personal PPP hours would be added to our checks. However if we worked less than our PPP hours we would still get the original PPP amount. I had no issues with this until yesterday upon picking up my check was told there was a letter inside our envelope stating if you were called into work and didnt show up your PPP amount would be deducted! Here's what happened with me, I worked Monday and Tuesday for a total of 13.50 hours (the job is only from 0800-1300 hours). Wednesday I woke up with swollen tonsils and a fever of 101.9. I called in and let them know i would be going to the Dr. Was diagnosed with Strept throat and told not to go back until Friday as to prevent being contagious. No issues from work, nothing said to me about deductions or any problems. When I picked up my check yesterday I questioned the new policy and was told when I brought a Dr's note I would be compensated for the money taken!!! I did immediately send proof of everything including diagnosis (which they demanded to know, and I'm sure is a HIPAA violation), and was not compensated any money back. It's not a ton of money but with the times as they are $360 is very useful especially with 6 children. Really they are upset that people are not showing up when called in and receiving a check. This is not what I did, I was medically ill and have proof of such. My question is about them deducting money from our PPP amount. Is this legal? Can they just decide not to pay out the PPP amount and keep the money? This will effect quite a few people in our company and means the company will retain extra monies that they now are not paying out in payroll. Can they do this? Any help would be greatly appreciated. Thanks to all.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Sorry, it's legal. Your employer has no obligation to pay you for not working.

    I can understand paying employees when the employer shorts the day. But when the employees are called in to work and don't show, that's when they get docked.

    As for your medical reasons there is no HIPAA violation for the employer wanting to know what's wrong with you, especially when symptoms are similar to CORVID19.

    If you want your money I suggest you comply with the documentation requirements.
     
  3. justblue

    justblue Well-Known Member

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    What state?
     
  4. cbg

    cbg Super Moderator

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    HIPAA limits who is allowed to disclose your medical information. It does not limit your employer from asking for it. There was no HIPAA violation.
     
  5. Zigner

    Zigner Well-Known Member

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    To be clear: It's not "your PPP money".
     
  6. army judge

    army judge Super Moderator

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    If IT occurred, then YES, IT can be done.

    Is IT legal?

    Probably, but the LEGALITY of any action can ONLY be determined after "due process" has transpired and a judge or jury has rendered a verdict.
     

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