A wage garnishment, or wage execution, is a court order to deduct a percentage of money from a civil defendant’s wages to repay a judgment. The judgment typically results from a lawsuit filed against the employee. The employee must pay the judgment because the judge found in favor of the other party. Common wage garnishments include child support and bankruptcy proceedings.
Can An Employer Fire Me for Having a Wage Garnishment?
No. According to federal law, an employer can’t fire an employee because of a wage garnishment.
An employer can fire an employee for many legal reasons, such as being tardy too many times or taking money. However, depending on the circumstances, an employer is prohibited from firing an employee because of the employee’s finances.
Does Federal Law Protect My Job If I Have More Than One Wage Garnishment?
No. If an employee has two or more creditors attaching wage garnishments, federal law doesn’t protect an employee. An employer can fire the employee.
Do I Have Any Protection From a Wage Garnishment Firing For Two or More Garnishments?
Yes. State law may provide more legal protection for an employee with two or more wage garnishments.
Do I Have Any Legal Recourse for a Wage Garnishment Firing?
Yes, if an employer fires an employee because of a wage garnishment, an employee can file a complaint or sue for wrongful termination. In most cases, an employer may not be aware of federal or state laws regarding wage garnishment firing.
Can I Talk to a Lawyer about My Wage Garnishment Firing?
It’s in your best interest to consult an employment lawyer about your wage garnishment firing. The lawyer will explain both laws and how to proceed with your case.