Thank you very much for your answer. I did find the mentioned Labor code above as well verbage that makes it appear that the law gives an employer a loop hole by stating an employer who complies with any written order or written notice which purports to be given or served in accordance with the provisions of this chapter is not subject to any civil or criminal liability for such compliance unless the employer has actively participated in a fraud.
Which of course the employer didn't commit fraud. The payroll admin is just incomepetent in handling the garnishment the right way and they have no set procedure in how to ensure they don't overdeduct any given order. In my friends scenerio the order was for $150 for late car registration, which if entered correctly, would have been taken out in 1 paycheck and the order been fullfilled. I understand mistakes happen, but at the same time, they should be rectified appropriately. Especially when their $600 error has caused a hardship for the employee. The employer's response was sorry for the error, but you will have to get your money back from the DMV, which takes 6-8 weeks.
Can I ask you one more question? So let's say that since this error of $600 makes it so the employee can't pay his rent, could the employer be responsible for any fees that the employee would incur?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).