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In Employee Garnishment, if an employer receives an order from the court to garnish an employee's earnings, he will be mandated by law to meet the terms yet he is not permitted to penalize or remove the employee from work just because of the garnishment. Employee Garnishment arises when an employer refuses to give the wages of an employee for the payment of a debt as the effect of a court order or other just course of action.
The amount of earnings put through Employee Garnishment is based on the "disposable earnings" of the employee which is the amount left after legally required deductions are made. Employee Garnishment does not include situations in which employees willingly agree that their employers may turn over a particular amount of their earnings to a creditor. Employee Garnishment does not include circumstances in which employees willingly agree that their employers may turn over some particular amount of their earnings to a creditor.
This last remedy, the employee garnishment, is the cheapest, quickest and easiest way for the collection of a debt. Thus, if the debtor is employed, the employer becomes the person who gets to help the debtor employee pay the judgment, and to help the creditor collect the money owed. Employers face a wide array of threats and potential liability in the modern business world. The proper handling of wage garnishments can help to eliminate one potential threat. By avoiding common mistakes, ensuring timely response, and consulting a lawyer when complicated wage calculations arise, an employer can significantly eliminate potential liability for failure to properly respond to wage garnishments.
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