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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111655
Experience:  20+ Years of Employment Law Experience
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If a board and care home business is already closed for

Customer Question

If a board and care home business is already closed for business can it still be audited if there is a complaint
JA: Have you documented this or discussed it with HR?
Customer: The business only has 2 emplyees which is a single proprietor
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Employment is full time and was laid off. They were able to collect unemployment
JA: Anything else you want the lawyer to know before I connect you?
Customer: These 2 employees happen to be sisters of my husband
Submitted: 25 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the business is out of business and has not properly closed by filing for dissolution or not filing bankruptcy, the owners may be audited if there is a complaint and could be personally liable for any damages or penalties. The issue with an audit is that it is based off of fraud which is why the owners could be held personally liable.
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Customer: replied 25 days ago.
License has been surrendered to Community Care Licensing. Real Estate has been sold. The 2 employees were demanding a separation pay. I told we do not have a contract to that effect since separation pay is not a benefit but at the discretion of the employer and I chose not to give since reason why business was closed because there was no profit.
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your reply.
They have no right to separation pay by any law and if there is no contract for separation pay then all they are entitled to is unemployment. They cannot personally demand anything from you as employees.

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