Legal Question in Employment Law in Massachusetts
Can i sue my employer for causing undue finacial hardship and setback that has cause emotion distress on me and my family? My story in short hand.
I have 2 wage withholding court ordered child support orders that were sent to my new employer. Both orders are to be adhere too regarless of the 55% disposable earnings factors set in Massachusetts. Providing i make the income needed. Which i did. As i was a new employee for this company i had no access to my paystubs as the are online and i was not givin the info to obtain them yet. If i did i would have fixed the issue immediately. So without them i could not see that For 12 consecutive wks both court orders were not in compliance. And my employer failed to mention to me that partial payments were being made on my behalf. Found out about this matter after i had received a notice of bank levy in the amount of $16,000 from one of the dor wage withholding court orders, stating that do to partial payment and not adhereing to court ordered agreement to pay current and wkly back cs payments was plaved on my bank account. ($16,000 valuve was for a retograde payment after court procecding was completed). Thus Leaving me and my family in a finadial hardship. Looked into this as wage withhold was never an issuse with my last job as i am an electrician and made enough to cover both even with the 55% disposable income fact. However my employer stated that she spoke with reps from both dor's and was told she could send partial payments. I asked for proof of this information which i did not recieve for my employer. So i contacted both of the dor's myself i was given proof that the dor in charge of the bank levy had sent my employer 3 notices on different occasions to adhere and to pay correct court ordered amount. Which were ignored by my employer. I had no issues with the court wage withholding orders with my past employers. And my current employer is dening that they calculated the 55% disposable income incorrectly causing this finacial hardship and setback To me and my family of five that i support as well.
I contacted the paycheck company and my employer is olay the blame game and i was told by them that it they were sent the court statding orders the would have complaide with them. However this was on the employer who has entered the information manully every wk.
Bills are stacking up along side my mortgage. My fiance had to go to work before she was ready after having our youngest and she is now suffering from medical health issuse's and emotion stress. Because of all of this. My employer posted my job the next day and posted a job listing for a job that i was suppose to start trainging for in december that i had already been enrolled into 4 days later. I did not quit my job took a emergency family leave until i could resolve to sort out what had happen. When i seen post for job employment i filed for unemployment and they denied my claim however i did file for a hearing but will not know the outcome until next wk.
I am a hard working man and father of 5 children. 3 biological and 2 step children. I have documents converstations. And all other records to help support my claim. I just need to know if this is a vailid enough reason to support my claim and take them to court.
Thank you in advance for any help offered.
Both mothers inline for child support are aware of what is going on and are not hold it against me. As they know i would do anything for my children.
2 Answers from Attorneys
You need to contact an attorney who is familiar with the support issues and get the MDOR to release the lien. He or she should contact someone familiar with the employer's liability for failing to comply with the court orders and giving you notice of the letters.
The MDOR however should have also sent you a notice of failure to comply with the court order.
You need to contact an attorney who is familiar with the support issues and get the MDOR to release the lien. He or she should contact someone familiar with the employer's liability for failing to comply with the court orders and giving you notice of the letters.
The MDOR however should have also sent you a notice of failure to comply with the court order. Good Luck!