Can my employer fire me because of my wage garnishment?

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Question:

Can my employer fire me because of my wage garnishment?

Answer:

No, your employer can’t fire you because of your wage garnishment. According to the U.S. Department of Labor (DOL), it is against the law for any employer to fire you because your wages are garnished.

Typically, your employer receives the writ of garnishment after you’ve had a judgment against you. This means that a creditor has sued you and a judge has agreed that you owe the debt. Your employer subtracts the amount of the wage garnishment from your weekly, bi-weekly or monthly paychecks. The garnishment will continue until the debt is satisfied.

The total income wage garnishment determination depends on a variety of factors such as income and percent of the garnishment. For instance, you have enough disposable income for creditor to garnish. This means you must make more than the minimum wage.

Also, you can have more than one wage garnishment at a time as long as they total up to 25 percent of your income. Or one creditor can deduct 25 percent of wages until the debt is satisfied. However, if you’re behind in payments such as alimony, child support, student loans or taxes, a higher percentage can be garnished. In fact, up to 50 percent of your wages can be deducted.

If your employer does threaten to fire you or fires you because of a wage garnishment, contact a lawyer. The lawyer will represent you if you need to file a complaint or lawsuit against your employer.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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