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Can an employer fire you for garnished wages?

Writer Sebastian Wright

Employees cannot be fired because their wages are garnished. Federal law protects you from being fired simply because your wages are being garnished for a single debt. However, if your wages are being garnished for two or more debts, your employer can fire you if it decides to do so.

Is California protected from garnishment?

Both California law and federal law have long protected a portion of a consumer’s wages from debt collectors. While a judgment creditor can request a wage garnishment order from the court, garnishment can’t exceed 25% of the debtor’s earnings. For many working people, the protection is even greater.

What happens if your wages are garnished and you quit your job?

Quitting your current job will not erase the debt — it will only leave you without the money to pay it. Once you find another job, the creditor can file to have your wages garnished there. You’re best off staying employed where you are.

Can a employer fire me because of my Wage garnishment?

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.

How much can you get garnished for in California?

California Wage Garnishment Limits. The current state hourly minimum wage is $11.00 (as of 2018), multiplying it by 40 gives us $4400. Your wages can be garnished up to $175 ($700 times 25%) or $260 ($700 minus $440) per week, whichever is less. As a result, your wages may be garnished up to $175 per week.

When does an employer get a writ of garnishment?

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.

When does the federal government garnish your wages?

(Federal law protects the level of income equal to 30 times the minimum wage per week from garnishment.) (15 U.S.C. § 1673). The federal government can garnish your wages (called a “levy”) if you owe back taxes, even without a court judgment.