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John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I have an employee who has been served a writ for wage garnishment.

Resolved Question:

I have an employee who has been served a writ for wage garnishment. At the time the writ was served the employee was out on vacation. I have completed the Garnishee Answer and the Non-Exempt Earnings Statement. The employee concerned has since handed in their notice. We have just processed a payroll and the garnishment has been withheld. My question concerns the payment for three days that are owed to the employee on leaving. Two days of vacation and one day settling hand-over of duties. How do we calculate the Garnishment on these three days pay? Do we need to Garnish at all?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. The answer to your question is - yes, these are earnings to be garnished, and they would be garnished by the same calculation as regular wages; this duty continues even though he has resigned. The law defines "Earnings" as compensation paid or payable for personal services, whether these payments are called wages, salary, commission, bonus or otherwise. Earnings include paid time off. So, you would garnish the appropriate amount, generally 25% of the wage.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2825
Experience: Exclusively practice labor and employment law.
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