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As this is only a temporary
condition and they have a past history of making up pay to those who have been in this situation previously, I am afraid that if you quit based on them being shut down, you would have to repay the bonus you received. At this point, this is a situation that while you could leave, they will argue against you receiving unemployment
as they would argue your pay would be made up retroactive and that the bonus would have to be repaid.
Unfortunately, the only other thing you could do here is seek a local attorney to consider bringing suit against them under the Fair Labor Standards Act
, for non-payment of wages
, which states that employees must be paid for work and you have to prove they will not be paying you for work and if you prove they will not be paying you then you would have the argument they breached their agreement which would be sufficient to argue the bonus is not due back to them. It is going to be a tough claim if they can show they have historically made retroactive payments.
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