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Has Your Employer Fired You because of a Wage Garnishment/Income Execution? Learn Your Rights Under New York Law.

Aptly titled, "Discrimination against employees and prospective employees based upon wage assignment or income execution," New York CPLR § 5252 sets forth in relevant part:

"No employer shall discharge, lay off, refuse to promote, or discipline an employee, or refuse to hire a prospective employee, because one or more wage assignments or income executions have been served upon such employer or a former employer against the employee's or prospective employee's wages or because of the pendency of any action or judgment against such employee or prospective employee for nonpayment of any alleged contractual obligation."

This statute further provides a civil, private right of action for damages not to exceed 6 weeks of lost wages with potential reinstatement of your job. Or, if you were not hired because of the garnishment(s), the court could apparently force your employer to hire you.

You only have 90 days from the violation to bring such a case, so contact us immediately to discuss your matter!