Garnishing wages what to do now?

[mashley80]

What is the name of your state (only U.S. law)? Colorado
Hello all
About a month ago I spoke to you all about my job stating that they may make us schedulers pay for incorrect or mischeduled appointments. Most of you said this was illegal. I contacted the dept of Labor and they told me that " Yes most cases this is illegal."
Well today in a meeting at work we were told this will be effective as of next week. My question is, do I just report them quietly and shut my mouth or talk with my supervisor? HR was in the meeting too today so everyone is aware of this policy. Thanks.

 

[justalayman]

If there are at least several employees this would affect, I would find written support (statute or case law) and send it to them, anonymously.

If you have a decent relationship and are willing to stand up for your rights, I would simply speak with them and let them know, from your understanding of the law, that action is not allowed.


or/ if it happens, you can simply file a complaint with the DOL. Your employer will find out who made the complaint.

 

[Beth3]

Merely having a policy saying they'll do this is not illegal. What will be illegal is when your employer actually takes a deduction - THAT is what will be unlawful. Whomever that happens to should call your State's Department of Labor immediately and file a complete. Until then, I'd just keep my mouth shut. It was management's responsiblity to research the legality of the policy before it was implemented. Could be HR told more senior management this was prohibited and they're doing it it anyway. Wouldn't be the first time something like that happened.

 

[mashley80]

I should also mention that I have meeting notes that were given to us all that states "charged for missed appointment mistakes that hurt the business starting in June." So I have proof. Anyways I'm thinking about informing my manager tomorrow (who I'm guessing won't have a clue as she is 23) to state my concerns. I guess I'm a little worried as I have a review next week and I feel my employment is on the line. Thank you.

 

[justalayman]

I should also mention that I have meeting notes that were given to us all that states "charged for missed appointment mistakes that hurt the business starting in June." So I have proof. Anyways I'm thinking about informing my manager tomorrow (who I'm guessing won't have a clue as she is 23) to state my concerns. I guess I'm a little worried as I have a review next week and I feel my employment is on the line. Thank you.

given that statement, I would suggest not broaching the subject right now. Beth gave a very reasonable response.

 

[LdiJ]

given that statement, I would suggest not broaching the subject right now. Beth gave a very reasonable response.

I agree. Hold off on saying anything until well after your review if at all possible.

 

[commentator]

I agree 100%. They won't find out which of their employees filed the grievance, they'll just find themselves being checked on by the DOL. And if you are the one who has brought it up with them, then you'll be the one they are sure did the complaint against them. But the DOL will not necessarily tell them exactly who did file the complaint, they'll just come in and ask to see their payroll records and see where this has happened. At least where I've seen it done, this has been what DOL did in investigating complaints of this nature.

 

[cbg]

Also, remember that it is NOT illegal to threaten to do this. Regardless of whether you can prove they've said they will, NO LAW HAS BEEN BROKEN until someone actually has a deduction made.

You could have a notarized statement signed in blood by the CEO acknowledging the intent to make this deduction, and until they ACTUALLY deduct it, they are in the clear.

 

[Willlyjo]

I should also mention that I have meeting notes that were given to us all that states "charged for missed appointment mistakes that hurt the business starting in June." So I have proof. Anyways I'm thinking about informing my manager tomorrow (who I'm guessing won't have a clue as she is 23) to state my concerns. I guess I'm a little worried as I have a review next week and I feel my employment is on the line. Thank you.

Then...why don't you go about it in an intelligent way? Do not say anything to your manager!! Once they start taking out of your check, then you can confront them about it. Now you can go to your review without worrying about your employment because you brought up the subject of the employer's intent to do something that we all know is illegal.

 

[mashley80]

Ok thanks. Apparently they have actually charged other employees in the past. I found out today a co worker of mine said my boss who used to have my position was charged a few times. She heard it from my bosses mouth. So apparently they have actually gotten away with this. My co worker wants to speak with her tomorrow with me, but now I'm not so sure. Thank you all for being so helpful.

 

[justalayman]

unless it happens to you, all you have is hearsay. Not saying it isn't true but you have no statement from a person it happened to. Ever play the game telephone? Things can get changed really fast.

why don't you call the dol and tell them what you know. They may or may not do anything. You can ask them, while you are on the phone, if you can file an anonymous complaint, or at least be assured the employer will not be given the name of the complainant.