ok here it is my employer has been withholding money from my checks for the last 8 months over 2,800 dollars worth last week i was laid off well come to find out when i treied to make a unemployment claim i found this out what do i do besides talk to a lawyer already called one and they want a 3000 dollar retainer to start a suit so what other options do i have what law or laws has my employer broken i have tried repeadly to contact my employer but they refuse to take my calls
2006-10-26 15:05:19 · 11 answers · asked by wjaandsonpainting 1 in Politics & Government ➔ Law & Ethics
yes it was orderderd the garnishment was ordered from a dispute over prior unemployement claim thats how i found out i went to open a new claim and they told me they havent been reciving money from my emloyer for the garnishment i told them they have been withdrawing it my employer that is
2006-10-26 15:12:35 · update #1
If what you say is true.....your past employer is in big trouble! Yes, that's illegal. You don't need to hire a lawyer to fix this. 1.Contact the company or person that was supposed to receive the garnished wages and explain to them what's going one. 2.Give your information to the nearest employment office in your state. and 3.Contact your state Attorney General's office and file a complaint.
IMPORTANT: hope you saved your pay stubs as proof that money was garnished from your wages?
2006-10-26 15:12:58 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Your question needs more details. Was the employer garnishing your wage pursuant to a court order or a wage garnishment to collect on a judgment? Then most jurisdictions would make the employer directly liable to the judgment creditor for failed to obey the garnishment order. If the employer was withholding money for no reason at all, then you should file a complaint with the labor board of your state. Finally, you could file a small claims lawsuit.
2006-10-26 15:09:08 · answer #2 · answered by Carl 7 · 0⤊ 1⤋
It depends if she is paid monthly in arrears (ie being paid for September in October). If it is clear that the latest pay advice relates to hours worked during October when the pay rate increased, then an offence has been committed. If you have any doubts, the enforcing organisation is the local Tax office and each time this occurs (ie number of employees affected multiplied by how many times this happened) is counted as an individual offence and the employer can receive a fine for each offence AND will be ordered to pay the arrears of salary to the employees affected.
2016-05-21 23:44:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sigh, you did not say who was the recipient of the garnisheed wages.
If this was child support money, paid through normal wage confiscation, the term is not garnishment, but 'assignment'. Garnishment is different; it usually involve the sherriff with a court order, and almost as much for his fees as for the amount owed; that's why I suspect c/s assignment. If he took it from your pay, and did not forward it, I suspect there are some serious crimes involved.
At one time, the Federal law said if an employer did not take the support payments and forward them, HE HAD TO PAY THEM PERSONALLY.
If this is a c/s issue, and you have stubs to prove he took the money from your pay, contact your regional child support recovery unit. If he has stolen that money and it is for c/s, he won't need to return THEIR calls, they will go get him.
Edit: after typing in a detailed answer, I see you pretty much wasted our time with your nonsense. Thanks for nothing.
2006-10-26 15:16:32 · answer #4 · answered by retiredslashescaped1 5 · 0⤊ 1⤋
Small Claims Court. It's only $2800, you don't need a lawyer. Contact the court that issued the garnishment, they should have been on his *** long before now.
2006-10-26 15:09:24 · answer #5 · answered by normobrian 6 · 0⤊ 0⤋
It depends on what kind of employer he is. If it is a big company and you have a good claim against him, than pay for an attorney. If he is a small business owner or have a weak claim against him than take him to civil court.
2006-10-26 15:11:24 · answer #6 · answered by rascoe627 1 · 0⤊ 1⤋
it depends on what the garnishment was for
for example if they were withholding for a tax levy
it would be a federal case and the irs might pursue it in their behalf.
if it was for money that you owed to the employer it sounds like
plain out and out fraud.
2006-10-26 15:12:37 · answer #7 · answered by Enigma 6 · 0⤊ 1⤋
contact your local da office and also the fraud dept of the police where you live,what he did is illegal,plus file a claim against his business hold on to all your pay stub as proof as to what your saying
2006-10-26 15:17:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
go to legal aide in your area and show them all of the pay stubs you have to prove you paid that... maybe they can help
2006-10-26 15:14:20 · answer #9 · answered by babydove1821 2 · 0⤊ 1⤋
REPORT HIM TO THE IRS!
2006-10-26 15:07:35 · answer #10 · answered by Joe Prosnick 5 · 0⤊ 2⤋