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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Wage Garnishment

    I am looking for answers to questions about my husband's garnished wages. He is employed as an independent contractor by a California company, but resides and works in Arizona. His company garnished $500 dollars from his check without notification. They intend to take $1500 total (we think, they are claiming $3000 total is what's owed for two refrigerators and a laptop, and they expect him to .pay half). The garnished wages to cover damaged merchandise (he delivers furniture, appliances and electronics) that happened while he was working with an inadequate partner that he had requested be replaced multiple times before any merchandise was even damaged due to his lack of physical strength. The partner who was not strong enough for the lifting required in the job was finally terminated but weeks before the wage garnishment occurred. The garnishment is approximately 30% of his pay for that check. On top of that, the merchandise that can be sold at approximately 70% of cost will be to cover the cost, yet my husband is also expected to pay? I want to know if each of these steps is legal and if its not, how he can go about fixing the situation without retaliation from the employer.

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Wage Garnishment

    First, let's understand some terminology. Your husband, as an independent contractor, has no employer. He is self-employed. Therefore, they are not garnishing his wages. Rather, they are offsetting payments due him against their claim that he cause damage to the company's property. Your husband would have to look to his contract to see who is liable for such damage. If he believes they are acting unreasonably or in violation of the terms of their agreement he could sue them, but they would likely find someone else to perform the services for them. It is a tough situation, but independent contractors don't have the same relationship with a company that an employee does.

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