Legal Question in Employment Law in California
100% Wage Garnishment, then Terminated
Yesterday, I was fired from my job as
a mortgage account executive. My
employer, stating that I had been
overpaid, docked 100% of my pay for
the past two months, without my
consent or even a written agreement
of repayment terms. I was offered
the option of staying on, but
''probably'' without pay for up to six
months. I liked my job - though it
was hard and didn't pay well; the
market is horrible - and wanted to
work it out with my employer. I sent
her a detailed email regarding the
situation, and included a copy of the
Federal Wage Garnishment Law.
During my performance review, in
which I was told I was good at my
job and my boss enjoyed working
with me, I was fired because I
''wasn't a good fit'' for the company.
I asked if they would like to execute
a note for the amount I had left to
repay, and they said it was up to me,
and that hopefully I'd repay them.
Again, though I like my employers
personally, I feel violated by this
incident. I was due compensation for
the time I worked, and instead I got
fired.
What can I do?
1 Answer from Attorneys
Re: 100% Wage Garnishment, then Terminated
The facts are a little confusing. It cant tell from your statement whether you were terminated for the wage garnishment or whether you were terminated based on the fact that you weren’t a "good fit". If in fact you were due the earned compensation then your employer was obligated to present you with the earnings upon termination. You should consult an Employment law attorney to discuss your matter in more detail.
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