Can I be fired for having my wages garnished?

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Can I be fired for having my wages garnished?

About a year ago a former landlord sued me for rent I owed. They garnished my check and the judgement was satisfied. Now almost a year later the same landlord is suing me for attorney fees and costs associated with that case. Can I be fired for too many garnishments if this case results in a garnishment? I also had a garnishment in a different case but that was nearly 4 years ago. Can I be at risk of being fired for this?

Asked on December 9, 2010 under Employment Labor Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Actually (and unfortunately), in a case such as yours you are at risk of being fired. The Consumer Credit Protection Act prohibits employers from firing an employee for a single wage garnishment. However, there is no protection against discharge when there are 2 or more wage garnishments.

Note:  You need to speak with an attorney regarding this second garnishment.  A person cannot sue more than once on the same claim.  Since your landlord's judgement wes satisfied, he has no legal basis for collecting against you now.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although the wage garnishment itself is not a legitimate reason for being fired in the future, unfortunately most employment is at-will which means that an employee can be fired with or without cause.

The landlord cannot sue more than once on the same claim.  The landlord received a judgment that was satisfied and cannot sue again for attorney's fees and costs because those items were omitted from the original claim and judgment.


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