Can you fire an employee for too many garnishments?
With the tight economy, creditors are stepping up wage-garnishment actions. So, what can an employer do if an employee piles up three garnishments? Four? Five? Ten?
Different states have different regulations on the matter, but most follow federal law.
The federal Consumer Credit Protection Act bars an employer from firing any employee because of a garnishment for any one indebtedness. Violation of the act can lead to more than a slap on the wrist: Criminal penalties can run up to fines of $1,000 or even imprisonment for the company official who’s responsible. On top of that, some federal courts have OK’d employee lawsuits seeking back pay.
What’s ‘one indebtedness’?
It’s important that employers understand the meaning of “one indebtedness,” since a misinterpretation can lead to violations.
The term refers to a single debt, regardless of the number of levies made or the number of proceedings brought for its collection. So, a single creditor, could take action to garnish wages on multiple occasions, but the law says it’s still only one indebtedness.
What if several creditors combine their debts in a single garnishment action? That’s still considered one indebtedness. Also, if a creditor joins several debts in a court action to obtain garnishment, the judgment would be considered a single indebtedness for purposes of the law.
Note: The one-indebtedness rule kicks in each time someone gets hired — meaning previous garnishments under previous employers can’t be factored in. Or if an employee leaves and then you rehire, that’s treated as a new hire — and previous garnishments during the previous period of employment are wiped out.
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