Discussion-Employee Business Law
Your company has recently hired a new person.
Shortly after this individual begins work, the company receives a “garnishment order.” This court order specifies that a certain percentage of the employee’s salary must be deducted each paycheck in order to satisfy a money judgment that has been entered against the employee.
After complying with the court order order for several paychecks, the company receives another court order to stop paying the garnishment (it turns out the employee was not notified of the proceedings that lead to a money judgment against him).
A few months later, in the same case (it is a divorce case), the company receives ANOTHER court order directing the company to “garnish” a percentage of the employee’s wages.
The boss shows up at your door.
“This is too much,” he says. “I want to get rid of this guy because these garnishment orders are driving me crazy.”
1. What would you advise the boss – about firing the employee for the garnishment orders, and about garnishment generally?
A month later another garnishment order arrives – this time for a different case; a judgment was entered against the employee in a personal injury case (a car accident), the employee had proper notice of the court proceedings but chose not to defend, and judgment was entered against him.
2. Would your advice to your boss change? How?
A disaster recovery business responds to calls from [potential] clients who have had a “disaster” damage their home – for example, a pipe burst and caused a flood, or the cat knocked over a halogen lamp causing fire damage in the living room, or a hurricane has broken a window and damaged a room.
Business has picked up and this small, 2-man company decides to hire a new employee.
This person will staff an office from 9-5 M-F and take calls 24/7 from people who have had a disaster.
The person will keep track of invoices. billing, payments, etc. They would need to carry a mobile phone and answer calls that could arise 24 hours a day/7 days a week.
Your friends know you’ve taken an employment law course and ask you for help.
Draft a memo setting forth the legal responsibilities (if any) towards this person (for instance, will the company have to pay the employee by the hour for each hour they carry the mobile phone?)”
Be sure to interact with at least one classmate on each question. Thank you–