Ppp program employee rights
Subscriber Account active since. You've probably read a lot about the government programs designed to help businesses stay afloat in an economy devastated by the COVID pandemic. But you probably still have many questions: Will you be going back to work, when, and for how long? While it's not possible to provide one-size-fits-all answers to these questions, here's some guidance that may help. Getting approved for a loan is just the first step — that loan has to be funded before your employer can make any moves.
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Ppp program employee rights
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- Employer FAQ: Will PPP Loan Forgiveness Be Reduced if an Employee Declines to Return to Work?
- Legal Updates
- Is Your Employer Abusing the Federal Paycheck Protection Program?
- Unemployment Benefits and Paycheck Protection Program Loans FAQ
- When Will The SBA Resume Authorizing PPP Loans?
- The Lastest PPP Announcements
- Congratulations, You Got Your PPP Funds! Now What?
- New Stimulus Plan: Employee Retention Credit Changes and PPP Loans
Employer FAQ: Will PPP Loan Forgiveness Be Reduced if an Employee Declines to Return to Work?
Under certain circumstances the recipients of the loans may also seek forgiveness of some or all of the loan amount, essential turning them into grants from the federal government. Forgiveness of the loans requires additional certifications. The FCA provides the federal government with a civil remedy to recover money fraudulently obtained from the government along with substantial penalties and liquidated damages equal to twice the amount fraudulently obtained from the government.
Employees who become aware that their employer has fraudulently obtained a PPP loan or forgiveness of a PPP loan may have a basis to bring a claim under the FCA, also known as a Qui Tam claim, on behalf of the federal government.
Employees who bring a FCA claim on behalf of the government are entitled to a share of the amount recovered on behalf of the government as well as other damages including reasonable attorneys fees and costs.
In addition, employees who oppose this type of fraud by their employer are protected from retaliation by their employer. Therefore, an employee who is terminated or otherwise retaliated against for opposing what they believe may be fraud against the government have recourse under the FCA and may be able to obtain reinstatement, payment of lost wages and benefits, liquidated damages, compensatory damages, and other relief.
If you believe that your employer may have participated in the PPP program in bad faith or retaliated against you for opposing fraud, contact the Employee Rights Group to discuss your rights. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
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Key features of PPP loans, and eligibility therefore, are summarized in this alert. PPP loans will be made by participating commercial lenders between February 15, , and June 30, the covered period , to eligible borrowers see below. In addition to small businesses, any business, nonprofit, veterans organization or Tribal organization is eligible if it employs not more than the greater of:. Additionally, to be eligible an applicant must have been in operation on February 15, , and certify that:. For companies for which the primary NAICS code begins with a 72 accommodation, food services and drinking places and for which there is more than one location, the company will be eligible if no one location has more than employees.
Is Your Employer Abusing the Federal Paycheck Protection Program?
We put together a checklist and FAQs to help prepare to provide the right information to the SBA with the goal to maximize forgiveness. Working on this as early as possible will help make this easier when it comes time to submit your documentation. Some details and parts of the process are still being worked out, and we will keep this page updated when we receive more information. Of course, this is our best attempt to summarize and share what we learned and does not constitute official or legal advice; make sure you confirm things with your lender and consult them with any detailed questions. The document provides additional guidance as well as instructions to inform you borrower on how to apply for forgiveness of your PPP loan. Key takeaways include:. These are just a few of the items noted in the new Application. We are working on putting together a more comprehensive summary and on updating the rest of the article below.
Unemployment Benefits and Paycheck Protection Program Loans FAQ
We do not have guidance on this question from the state or federal government, and so our response is somewhat speculative. PPP loans are intended to help businesses keep their workers on the payroll. Unemployment benefits are intended for workers who are no longer working and being paid. You may very well run into legal issues if you receive a PPP loan based on payments to yourself from your own business, and receive unemployment benefits for being out of work at the same time. Another approach might be to apply for a PPP loan first, use the payroll benefits for the applicable 8 weeks to pay yourself, and then apply for unemployment benefits once the PPP funds are exhausted.
When Will The SBA Resume Authorizing PPP Loans?
Employers that have received a Payment Protection Program PPP Loan have asked if their loan forgiveness amount will be reduced if the employer laid-off an employee, then offered to rehire the same employee, but the employee declined the offer. The short answer is no. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation. The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.
The Lastest PPP Announcements
The key changes made by the Flexibility Act are as follows:. Inevitably when a new law like the Flexibility Act is enacted, additional questions arise. Here are some questions we have but do not necessarily have answers to yet, along with some general comments:. Recent guidance from the SBA states that the maximum amount of forgivable compensation paid to self-employed, etc. Was this the intent? Does the Flexibility Act automatically extend it to 24 weeks?
Congratulations, You Got Your PPP Funds! Now What?
In the bill are guidelines for a second round of the Paycheck Protection Program. This article has been updated with new PPP forgiveness rules. You can also learn everything you need to know about the PPP updates in our article. It can be difficult for small businesses to navigate the ins and outs of how to achieve total Paycheck Protection Program forgiveness, but the new bill aims to make the application process easier.
New Stimulus Plan: Employee Retention Credit Changes and PPP LoansRELATED VIDEO: NACVA - The Paycheck Protection Program (PPP) Update from an Employment Law Perspective
Everything that you need to know to start your own business. From business ideas to researching the competition. Practical and real-world advice on how to run your business — from managing employees to keeping the books. Our best expert advice on how to grow your business — from attracting new customers to keeping existing customers happy and having the capital to do it. Entrepreneurs and industry leaders share their best advice on how to take your company to the next level. The federal Paycheck Protection Program offers forgivable loans to small businesses, but it has been changed several times.