Requirements for Wage Garnishment
In today's economic times, more and more creditors are turning to wage garnishment as a way to collect their debts. This legal procedure, which is designed to withhold a portion of an employee's paycheck for money owed to a creditor, can often cause tension in the debtor's already strained finances. But it may be the only successful method for a creditor to get the money that is owed.
Wage Garnishment Requirements Rules for Employers
While it's natural for an employer be concerned than a worker is undergoing garnishment, federal law protects employees' rights. This means an employer cannot terminate an employee for garnishment for a debt.
Additionally, this law also limits how much of an employee's earnings can be garnished from each work week. This amount is either 25% of the disposable earnings or 30 times the minimum wage. Disposable earnings are considered the amount that is leftover after all federal, state, local and security taxes are taken out.
Details about an employee's wage garnishment should be kept confidential within the company. Only staff members who need to be involved in the wage garnishment process should know the details. This may include the company's payroll or accounting department and whoever might be in contact with the court or attorneys processing the garnishment.
Sometimes wage garnishment is the result of a change in income. But there are other instances where the garnishment occurs due to poor money management. By offering to help employees handle their finances more successfully, positive, long-term effects could result.
During the course of the wage garnishment, it's important to keep the employee informed in the payment process. Maintaining a sensitive and informative communication with the employee can be beneficial in this professional relationship.
Connect with a Lawyer Today
If you are facing wage garnishment and would like to know more about the requirements, or your options to eliminate the debt behind the garnishment, just fill out the form below to be connected with an attorney near you.