My employer recently informed me that I am to have $2K of wages garnished over a period of a couple months in order to pay back what they say was an "overpayment" of wages to me. I am a salaried employee who would ordinarily not be eligible for overtime pay, or on call pay. However, my manager at the time did instruct me to use a time recording code for being on-call; and those hrs booked to that labor code was backed by pay. Through the course of several months I received $2K for coming back into work at off peak hrs, as necessiated and directed by my manager. Now my company says I should never have received that pay.

I know garnishments often occur as directed by the government (ie, alimony, child support, taxes)... but does TX law allow for a corporation to garnish wages?

I'd be happy to answer any other questions you might have to fully understand, and answer my question. But I could use a "ruling" :) on this asap.

Hello kfed:

They're using the word garnishment when they mean they're just taking back what they say is an overpayment. It's not a garnishment per se.

If you don't agree with them, they can't just take money from you. They're going to need to sue you if they think you owe them money. I think you have a very good case if they do decide to sue you.

Of course, they certainly might fire your a$$ if you refuse... I don't know how much this job means to you.

If you want to fight it, write them a letter telling them that you don't agree with their assessment, and that if they continue to "take" money from you, you'll sue them. If they do keep doing it, sue 'em. Small claims court is quick, cheap and easy.

excon

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Originally Posted by kfedorev

My employer recently informed me that I am to have $2K of wages garnished over a period of a couple months in order to pay back what they say was an "overpayment" of wages to me. I am a salaried employee who would ordinarily not be eligible for overtime pay, or on call pay. However, my manager at the time did instruct me to use a time recording code for being on-call; and those hrs booked to that labor code was backed by pay. Thru the course of several months I received $2K for coming back into work at off peak hrs, as necessiated and directed by my manager. Now my company says I should never have received that pay.

I know garnishments often occur as directed by the government (ie, alimony, child support, taxes)...but does TX law allow for a corporation to garnish wages?

I'd be happy to answer any other questions you might have to fully understand, and answer my question. But I could use a "ruling" :) on this asap.

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Excon is right in all aspects.

Are they alleging fraud or something of that nature? And where does your Manager stand in all of this?

This is what I found - there is no wage garnishment in Texas for collection of debts EXCEPT for Federal taxes, student loans, child support - but I think your employer is talking about a deduction and not a formal garnishment.