Can a Person Be Fired for Wage Garnishment in Ohio?
Wage garnishments take place when creditors or others exercise their rights to confiscate a portion of a worker's wages to pay a delinquent debt. Ohio workers can lose their jobs due to wage garnishments, but they have some protections under federal and state laws to retain their jobs in some circumstances.
Other People Are Reading
-
Federal Law
-
Workers in Ohio and throughout the U.S. have some protections from being fired due to wage garnishments under the Consumer Credit Protection Act. The federal law prohibits employers from firing workers who have their wages garnished to repay one delinquent debt. The law doesn't require employers to retain workers who have their wages confiscated to repay subsequent debts after the first garnishment. However, state laws trump the federal law if they offer employees more protection from losing their jobs as Ohio's law does.
State Law
-
Employers are required to observe state laws that prohibit firing employees over wage garnishments for more than one debt. Ohio's law offers workers a little more protection than the federal law because it specifies the number of allowable garnishments within a year. Ohio employers can’t fire workers unless they have more than one wage garnishment within 12 months, according to the Ohio State Legal Services Association.
-
Employer Violations
-
Ohioans who unlawfully lose their jobs due to wage garnishments can dispute their termination to return to their jobs and receive back wages, according to the U.S. Department of Labor. Residents can contact the state labor department for information on how to dispute such matters if they believe their employer has violated garnishment regulations. The DOL indicates that employers who violate garnishment provisions intended to protect workers from losing their jobs could pay a fine of up to $1,000 and face imprisonment for up to a year.
Preventing Garnishments
-
The Ohio State Legal Services Association recommends trying to avoid wage garnishment by contacting the company that has a debt-collection judgment against you to work out a payment plan. The company might be willing to accept a lump sum payment that's less than the amount you owe to settle the debt. Get any payment agreement you make in writing before you send the company any money. The association notes that wage garnishments require completing extra paperwork that's time-consuming and annoying to many employers. It also reveals debt problems to your employer that may make you look irresponsible, so it's best to prevent a garnishment if possible.
-
