Do your supervisors know what to do when they receive a garnishment or family support order? Do they know some of the ways to have the garnishment reversed? Below is some information to convey to your supervisors.
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- Answer orders quickly using the form that's usually provided.
- Calculate the amount to be withheld correctly, using the instructions and worksheets that are normally provided.
- Don't withhold more from an employee's wages than allowed by law.
- Be sure to keep a log of current garnishment and family support orders.
- Keep accurate records documenting what payments have been made, when, for whom, and to whom.
Now let's take a few minutes to review some things you should not do when you receive a garnishment or family support order.
- Don't fire or discipline an employee because of a wage garnishment. This includes employees whose wages have been garnished several times for the same debt. Violation of this federal rule can result in fines.
- Firing or disciplining an employee because of family support order is also illegal.
- In addition, you cannot refuse to a hire a job applicant because of a family support order.
Under some circumstances, employees might be able to get a wage garnishment order reversed.
- For example, some might be able to file an exemption with the court. Exemptions cover situations in which employees find it difficult or impossible to meet basic living expenses after garnishment payments have been withheld from their paychecks.
- Of course, employees can always eliminate wage garnishment by paying off the entire amount owed to a creditor in one lump sum. Usually, this isn't an option. But if it is, it is obviously the best course of action.
- Finally, employees can just let the garnishment proceed, and over time, the debt will be paid off and the withholding will stop.
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.