Employee's Privacy regarding Garnishments

Are employee garnishments covered under privacy laws? Can the HR/Payroll department share information regarding an employee's garnishment with that employee's supervisor/manager?


Comments

  • 24 Comments sorted by Votes Date Added
  • I don't know if this would be protected or not but do not understand why you would feel this needs to be shared with a supervisor. This is a payroll matter and in no way has anything to do with the ee's ability to perform their job duties. I see no reason to share this info. Just my thoughts.
  • I agree, but the request is coming from my HR Director.....
  • Two questions:

    What is the HR Director's request?

    What is your role with the company?


  • I can think of situations where this would be an issue. Just like credit checks for those that are involved with cash handling, a garnishment can be a heads up to use some extra care in keeping duties segregated and watching control features extra carefully.

    Otherwise, it is nobody's business.
  • Phooeey Marc! Sorry. x:-). If I drive an 87 Olds 88 with a tear in the rag top, your theory would be that I can't afford a nicer ride, therefore it might be a headsup that I might pilfer stuff and abuse my expense account and company credit card. Having a garnishment suggests nothing of the sort.

    The fact that a garnishment is in process for an employee is absolutely no business of his/her supervisor. No more than the supervisor should know how much goes into the employee's 401(K) each week or what deductions he/she selected. Nor should a supervisor know if an employee had crabs detected during the company physical. I would suspect, although I do not know, that neither would affect performance if remedies are in place.
  • I understand your perspective and I mostly agree that this sort of information has no bearing on most business tasks. That said, I would reiterate that an employee handling cash sensitive tasks may experience greater temptation with personal finance issues looming than otherwise. It is similar to doing credit checks related to employees regularly performing these tasks. If you agree that a credit check is a valid employment related task, then the leap is not to great to a garnishment action for a similarly placed EE.

  • This could be a sign of things to come. What about multiple garnishments for the same ee. This could lead to performance issues, lack of concentration, no focus on the job or safety, constant worries, emotional problems and last but not least, a potential turnover issue. I have seen this over and over where an ee will quit a position and or move to attempt to hide from the garnishment(s). Although I agree that this information should only be shared in the strictest of confidence on a need to know basis, I do think there are times when sharing this type of information is necessary.
  • Marc, usually I agree with your opinions, but I can never understand why a person with financial problems is perceived to be dishonest. Perhaps their honesty is why they have financial problems (think Enron and WorldCom, Martha Stewart, et al). For an employer to screen a potential employee in a credit check seems to be like keeping a person from trying to solve his or her financial problems, no?
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-03-04 AT 10:29AM (CST)[/font][br][br]Irene If you and Crout will give me directions to your world, I will happily move there and make no complaints for the rest of my days. And, 'perhaps thier honesty is why they have financial problems -Enron, Martha, World -do you really think those folks were so honest they got into trouble? I don't understand the point, and I certainly do not fully appreciate the viewpoint. In my world, people with financial problems are a legitimate concern to my company, and wanting to believe otherwise is, in my humble opinion, not only naive (that's being kind) but irresponsible to the co.
    I do agree we need to be very cautious w/whom we share the information though.
  • Or maybe that employee is HIGHLY motivated to be productive, takes overtime whenever asked, and is generally focused on his job because any disruption in the garnishment could land him in jail for contempt. It is unfair for you or anyone else to judge an employee solely based on a garnishment order. Try judging on performance instead.
  • Ditto to the last few posters. Sometimes bad things happen to good people at inopportune times and is not a question of honesty, integrity or ethical values.
  • I agree that employee's garnishments should not be shared with managers and supervisors. This is strickly a payroll/HR "need to know".

    However, I must defend the credit check PRIOR to hiring. To make allowances for "bad things happen to good people" the applicant's explanation for "credit problems" should taken into consideration. When credit problems arise from a long term life style, we have inevitably had problems (cash register shortages, product stolen or sold, padding overtime hours etc. etc. etc.)
  • Ethel, that is still so dumb! I've seen people who can perfectly balance their check book in their head, never bounce a check, allways make their payments on time and still not have an honest bone in their body. People with out bad credit problems are not exempt from having a history of stealing or life of crime!!!!!
  • I dispute the "dumb" but agree that a crook can have good credit. HOWEVER, depending on the circumstances, bad credit rating and bad check history CAN be an indication of what is to come. It is ONE of many factors that enters into a hiring decision and I still feel that it is a valuable one!!!!

    Furthermore, anyone contributing to this forum can disagree with one another. But, in the future, would prefer that you tell me you disagree rather than I have dumb ideas. It may seem so to you, but for my company and my experience be a PROVEN FACT.
  • >Are employee garnishments covered under privacy
    >laws? Can the HR/Payroll department share
    >information regarding an employee's garnishment
    >with that employee's supervisor/manager?

    I sort of agree with both Don and Marc. What is on a persons check (or not in the check) is not the business of the supv. (except knowing the persons pay rate.) However, there are reasons to be concerend about people who handle cash or money processing.
    What we did with my former employer was do a credit check for anyone who "handled money". This way if a garnishment came up on this report, it could then be considered for employment purposes (if this is your policy). However, once employed why would supv. have business to know?

    E Wart
  • Anyone who has ever had the immense pleasure of auditing a company's financial control system will tell you that the actual implementation of the controls are subject to all kinds of human breakdown. Perhaps the person initialing the out of balance reports is under the gun with a deadline and let's the approval process slide a few days. Then, when he/she returns to a normal work schedule, overlooks the the days when the function was not performed.

    If you have given the supervisor a heads up that the control features are particularly important right now and why, they will know that they must not overlook these basic procedures.

    In our shop, the supervisor plays an important role in hiring his/her staff and would be privy to all of the information we have on a candidate, which would include credit reports (if we ran them). Why would this need decline just because you have hired them. Just because a candidate becomes an employee does not mean you lose your reasons to be diligent in protecting the company.

    That is why I think the supervisor(s) associated with protecting a company's cash handling functions need to know. In fact, once you have hired a person, the real exposure to a company begins.
  • When I started in HR, most of the laws about privacy were not in existence. One of the first things I learned was about the importance of keeping confidential information confidential. The second thing I was taught was to make sure the employee knew that I might not be able to keep a particular piece of information confidential. Meaning, all the new laws require is more paperwork. The requirement of discretion by hr was always there.
  • Shadowfax, take I25 to I225 in Denver, first exit, big park, that's my neighborhood, how about you Crout?

    Actually, my point was that integrity knows no net worth. I'm pretty sure that Martha and the fat cats in those corporations have stellar credit reports. You're either honest or you're not. I don't mean to hijack the thread here, but infinite greed cost alot of people big chunk of their pension plans.
  • Irene I'm on my way! I completely missed the first point, but your 'integrity knows no net worth' is right on. But, making use of all the information available, while interpolating what it either means, or may portend, is part of what we do when we hire, and every day we administer. Twentysome years ago, as a board member of a charitable, the Dir hired a person with significant financial problems. He was satisfied her parolee husband had created all of the financial mess she found herself in, and hired her. She was an exemplary employee, until 5 months ago they discovered she had embezzeled over &750,000. Predictible? Nope. Was she completely at fault? Probably not. There is enough blame to go around to everyone, including the Bof D. Should the information put Dir on alert? Absolutely. What would one do differently? Hire. Watch like a hawk. Pay attention to fire walls etc. Or pass. The good news, lots of new safety checks in place. Bad news, complete audit by CPAs every year and every reccommendation was put in place. Putting in place w/o monitoring has little effect. Bottom line - the NPs fault for permitting the environment where it could happen. My bottom line: That kind of information is at least an indication of potential problem. I'll pass and take a chance on someone with 'apparantly' fewer problems. Fair? Nope. Realistic? I think so, but I could be wrong!
  • Whatever, You make an important and valid point, and I must admit that my take on this issue is colored by the financial training and the perspective it creates. That makes me look at cash and other financial exposures from a slightly different angle than many others.

    That said; discretion, balanced by the need to protect the company, must surely be one of the guiding principles of the HR profession. I would assure all that we do not bandy this type of information about.

    Most of the garnishments we handle are just routine. A couple of our EEs live their lives in a manner that lends itself to these legal actions. In those cases, our Exec Dir does not even know they are going on. A person in payroll handles the deduction and gets the payment to the garnishing agency. Even the AP clerk does not know. Even the check signers only know the name of the garnishing agent, not the name of the EE. So we keep this stuff close to the vest as a normal practice.


  • I once again love Don's response. When I am having a stressful day I come in and look for a response from Don to make me laugh and otherwise change my day!!!!

    Anyway, I just wanted to add that sometimes a garnishment is also a condition that if over a certain amount is made that amount is sent to a governmental department.

    When this kind of "attachment or garnishment" occurs I sit with employee and discuss because they need to understand that when they work overtime the amount earned is going to be sent to the government and will not be in their check.

    The sticky part comes into play when the supervisor is going to schedule overtime to the employee.
    Sometimes everyone needs to sit down and discuss the situation (always with the employee upon his/her agreement with same).

    So I guess it depends on your definition of "garnishment".
  • In my opinion, the situation would depend on two factors:

    1. Is it a single garnishment, or have there been multiple garnishments; and
    2. Do you have a policy on EE Conduct regarding discharging the EE's financial obligations promptly so that creditors will not ask for assistance in collecting amounts owed them?

    According to the 2004 So.ER's Guide,a Handbook of Federal Employment Laws and Regulations published by Summers Press, "under federal law, an EE may not be discharged or disciplined for a single garnishment, but may be for multiple garnishments".

    So, in summary, if there have been multiple garnishments, and you have such a policy and want to "discipline" the EE for same, their Supervisor or the Administrator would have a right to know.


  • In several states it is illegal to terminate an employee for garnishments, even multiple garnishments. Federal law prohibits the discharge of an employee for multiple garnishments FOR ONE DEBT. Federal law does not prohibit discharging an employee for multiple garnishments for multiple debts. In Mississippi it is illegal to terminate an employee for having a 'support garnishment' even if it is the second garnishment.
  • The sharing of non-work related information with a supervisor is something I would not recommend in general, unless your supervisors are trained and professional enough to contain the information and use it to understand an employees change in performance or behavior, but never discuss it with the employee. The supervisor should stay within the limits of the perfomance and behavior at work.

    Let HR refer the employee to the EAP if you have one, otherwise you can use other sources, as in Louisville, KY, we have an excellent United Way system that had ready resources for our employees on many issues, including financial planning.

    If the garnishment is possibly connected to debt associated with medical treatment of the employee or family member, my opinion is it could well be a HIPAA issue.

    To my knowledge, in Kentucky, you can not terminate an employee for garnishments, but can establish an administrative charge for the trouble. This is stipulated on the garnishment papers you receive. As you see from other posts, it is different in many states.
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