Wage Garnishment & Hr

[served6686]

What is the name of your state? New york...

recently had a wage garnishment order executed and my employer was served papers by the Sheriff to begin execution upon my salary for Judgment. I admit, it is my fault, for not addressing the issue much sooner. I did manage to contact Plaintiff lawyer and work out re payment to stop wage garnishment. My question is, if no monies is ever taken from my paycheck because agreement is signed in time (before next pay cycle). will this be placed in my HR file. or if i am able to work it out and no monies is ever subtracted from my pay will my employer disregard this whole issue?? Could this hinder chances of a promotion within my current company? does this look bad in general on my file? If it is even documented? I recently signed re payment agreement. can Plaintiff refuse to sign and change their mind? If so where does that leave me? Any advice appreciated. Thank you.

 

[Betty]

Why do you think they would change their mind after agreeing to the payment plan & sending you papers to sign?

wage garnishment N.Y. - Employers are prohibited from discharging, laying off, refusing to promote, or disciplining an employee or refusing to hire a prospective employee of "one or more wage assignments or income executions" against the employee or prospective employee's wages "or because any action or judgment against such employee or prospective employee for non-payment of any alleged contractual obligation" is pending.

 

[cbg]

We have no way of knowing what will be placed in your personnel file. I personally send information on garnishments to Payroll for THEIR file. But that's just me; your company's mileage may vary.

 

[pattytx]

It definitely should be kept by somebody, however, just for the paper trail. That way, if the court ever comes back for failure to withhold, the records are there, including the release. BTW, I do agree that none of it should be held in the permanent personnel file; IMHO, the "need to know" is in payroll and payroll only. But, that's a best practice, not a law.