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To listen to the podcast version of memo click here —> Podcast Version
Employers, click here to read my related memo written for you on this subject.
Memo – Got PPP Money But Employees Won’t Return Because Unemployment Benefits Are Too High?
Employees, if your pre-lockdown job was offered to you, and you refuse to go back to that job, and you are collecting unemployment instead, you might be committing fraud, unless you meet an exception.
Here are the valid reasons that may exempt you.
- You have the virus and are under Coronavirus quarantine
- You have the virus and are under Self-quarantine
- You have Coronavirus symptoms and are seeking a medical diagnosis
- Caring for someone with Coronavirus
- Caring for a child because the child’s school or place of care is closed, or the paid child care provider is unavailable due to the Coronavirus
If you are unable to prove any of the five above, you are committing fraud by collecting unemployment, and not returning to the position offered to you.
If found to be defrauding the government, you will be required to return all funds you have received from any of the benefits systems, state and federal, and will most likely have penalties and interest assessed against you.
The employer by law, has to report refusal to return to work, to the SBA and the state unemployment divisions.
Also, when you’re certifying your weekly unemployment benefits, at least for New Jersey, you have to acknowledge that you’re not committing fraud by claiming benefits you’re not entitled to. And it asks if work is available also.
Be extremely careful when answering, as you are answering under penalties of perjury.
Employers need to report former employers not returning to work, please remember that going forward.
Questions? Concerns? Call me on (732) 673-0510.
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Please reach out to me without hesitation with any tax, business or accounting question, and to schedule a consultation.
Tax Laws are complex.
It is very easy to make mistakes that can incur penalties.
Do you have a Tax, Accounting or Business Question?
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Remember,
“If We Aren’t Working For You, Then You Aren’t Working At Your Best”
Chris Whalen, CPA
(732) 673-0510
81 Oak Hill Road
Red Bank, NJ 07701
www.chriswhalencpa.com
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