Employe verification request for wage garnishment

HRCGIL

I received a call from a creditor collection agency asking to verify employment for someone.  I asked to fax me the request in writing and that we require an authorization signature from the person in question in order to respond.  They responded that they will not be likely to receive a signature because it is for a wage garnishment order in process.   They faxed me the employment verification request in writing with no signature. Am I required to answer to them if I do not have authorization from the employee?  Or can I wait until I receive an actual wage garnishment order in the mail to take action.  I am located n FL.

 Please advice.  <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

 Thanks!

 

HRforME

Personally, I would not respond until you get the court-ordered garnishment. I don't know about Florida wage laws, but from searching it looks like they follow the federal garnishment laws.

 Also found that Florida doesn't allow for garnishments from  a "head of household" for unsecured debt.  So you would need to check to see if the ee was HoH.  Here's a link to the actual FL garnishment law: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0077/titl0077.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%2077

77.0305 states "Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor's employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or wages become due until the judgment is satisfied or until otherwise provided by court order. A debtor's status as an employee of the state or its agencies or political subdivisions does not preclude a judgment creditor's right to garnish the debtor's wages. For the purposes of this section, the state includes the judicial branch and the legislative branch as defined in s. 216.011. The state, for itself and for its agencies and subdivisions, waives sovereign immunity for the express and limited purpose necessary to carry out this section. The court shall allow the judgment debtor's employer to collect up to $5 against the salary or wages of the judgment debtor to reimburse the employer for administrative costs for the first deduction from the judgment debtor's salary or wages and up to $2 for each deduction thereafter. The funds collected by the state under this section must be deposited in the Department of Financial Services Administrative Trust Fund for purposes of carrying out this section. "

TXHRGuy

A collection agency's request for employment verification is no different from any other private entity's request for employment verification.

Follow your policy on employment verifications.

We provide nothing but dates of employment and title without a signed release from the employee.  Be careful: many places have a release that protects the investigator for nosing around but not the employer for providing information.

JustHR

If they are just asking for whether or not the employee is an active employee, dates of employment and/or what their title is, then I normally verify that without signature.  If I'm asked about salary information or anything else, i tell them that i can only verify dates of employment and title and any other information i would need to see release from the employee.  It really depends also on your policy.  Sometimes we receive wage garnishments without any verfication of employment - i think it just depends on the creditor and their process. 

IT HR

I agree with the other posters that you follow your policy.  I also will get the contact information for the person calling and give the information to the employee as a heads up. I had this same situation recently and went to the employee.  She was very glad that I did because she had been trying to work out payment terms with the company and had no idea (according to her!) that they had sent this to collections.  She was able to get it resolved and make payments so that we did not have to deal with the garnishment.