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I have an employee who has resigned and has an ongoing

I have an employee...

I have an employee who has resigned and has an ongoing garnishment. Do I take the 25% from his severance pay which he is not actively working in the factory for the 2 weeks

Lawyer's Assistant: Have you discussed this with your HR staff? Or with a lawyer?

No

Lawyer's Assistant: Is your employee "at will?" Does he belong to a union?

No union just a small family business

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I spoke with the magistrate court his morning and they told me they received a dismissal on the garnishment in the mail today. Also, the employee said he never was served papers, but the company was

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Answered in 10 minutes by:
4/23/2018
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,534
Experience: Licensed attorney helping employers and employees.
Verified
Where garnishment applies to all assets of debt or employee, yes. If any ambiguity can clarify with creditor lawyer.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Employment Law Question
Customer reply replied 28 days ago
acceptable
Thanks. Please click the 5 star (*****) rating - it’s the only way I receive credit by the site. Leaving a bonus after rating is always very much appreciated. if you dont see the rating button you can just type back “5 stars” Thank you!
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,534
Experience: Licensed attorney helping employers and employees.
Verified
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Category: Employment Law
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Experience: Licensed attorney helping employers and employees.

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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).

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