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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5729
Experience:  Exclusively practice labor and employment law.
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I have an employee who has been served a writ for wage garnishment.

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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?
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.

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