Do your supervisors know what to do if they receive a garnishment order for one of their employees? Do they have strategies in place to avoid wage garnishment? Below is some information to convey to your supervisors.
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Garnishment is an order from a court or government agency. A garnishment order requires an employer to withhold a certain sum of money from an employee's weekly paycheck. The amount withheld is used to repay a debt the employee owes to a creditor -- a debt the employee failed to pay in the normal way. Debts may be for such things as consumer goods, taxes, student loans, or child support.
While it may be clear what employers need to do about wage garnishment and family support orders, what about your employees? It's both to the organization's benefit and employees' benefit if employees can avoid withholding orders altogether.
- The best way for an employee to avoid wage garnishment is to talk to creditors and negotiate a payment plan. Although creditors are under no obligation to do so, many would rather give people the opportunity to repay them directly rather than going through the legal system.
- Employees who feel they need help in dealing with a creditor can contact the state consumer credit office for assistance or referral.
- If a creditor is willing to negotiate a repayment arrangement with an employee rather than pursue wage garnishment, it is essential that the worker make it a priority to pay the debt as agreed and on schedule.
- Finally, an employee who is threatened with garnishment is most likely in general financial trouble and could probably benefit from professional financial counseling.
Some key points to remember about wage garnishment are:
- Never ignore a wage garnishment or family support order.
- Respond promptly and withhold the correct amount.
- Keep a record of all orders and payments.
- Don't discipline or fire employees because of withholding orders.
- Help employees understand how they can avoid garnishment.
The above information comes from BLR's presentation "Wage Garnishment and Family Support Withholding: What Supervisors Need to Know." For more information on all the training courses BLR has to offer, go to our Employee and Manager Training page.