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Posted: Fri Apr 27, 2007 5:56 am Subject: How do I .....

My husbans employer garnished his wages and gave it to Northway Financial. We filed a complaint with the AG and when we got the response from him saying that yes, wage assignment is illegal in Oregon, and that this company is not even licensed in Oregon we faxed a copy to her. In the letter it said we needed to contact his himployer and tell her it was illegal, so we did, and even called her to discuss the matter. She still has not put the money back into his paycheck. Is there any kind of letter or something we can send to her to get the money back? Are we just out of luck on this one. Any advice would be appreciated.

james scarlet · Posted: Fri Apr 27, 2007 6:35 am Subject:

I would tell them they your are retaining an attorney and have sent all your documents to your states attorneys office and to their states attorneys office for review and to file charges against them. let them the collection agency know this and do it asap.

Posted: Fri Apr 27, 2007 6:48 am Subject:

I agree . . . You should tell your husbands employer that you are hiring an attorney. It is illegal for an employer to follow a wage assignment in Oregon. The employer can be held resonsible. I would also contact the Oregon State AG and see if you can file a complaint against the employer. They can be fined for breaking the laws like that. Contact the Oregon State Labor Board, and report them too. The company made a big mistake when they did that. They are not allowed to mess with someones wages like they did.

If I were your employer and I knew I'd just broken a law that could get my company fined and in trouble, I'd be bending over backwards to make things right.

Posted: Fri Apr 27, 2007 5:07 pm Subject:

I can tell you from personal experience that the one thing that employers DO NOT like is going to the Labor Board--and I wholeheartedly agree with Goudah and think that you should do it! Because not only will your husband get his money back, the state will also fine the company--which is payable to your husband! So go for it!!

Posted: Fri Apr 27, 2007 7:34 pm Subject: How do I .....

Can my husband be fired if we go to the labor board?

Posted: Fri Apr 27, 2007 7:39 pm Subject:

Your husband can not have any reprisals against him. He would be seeking a legal recourse, and his employer would be bound to follow the procedures. As you said, you made an attempt to have his employer rectify the situation, to no avail, and now you must make one final attempt, present a certified letter to his job, that you are making a final appeal to them to follow your state's laws. If nothing happens, then take a copy of that certified letter to the Labor Department.

Posted: Fri Apr 27, 2007 7:39 pm Subject:

No your husband cannot be fired for going to the labor board and if they do fire him for doing so you will have one heck of a lawsuit on your hands!

Posted: Fri Apr 27, 2007 7:42 pm Subject:

One needs not seek an attorney in Labor disputes. The Department of Labor will attach one to your case, one whose soul purpose is winning for the Labor Department and you. They are paid by the generous tax payers, like you and I. So take advantage of it.

Posted: Fri Apr 27, 2007 7:44 pm Subject: How do I .....

Thank you guys. I needed to hear that. I have had a great week. Remember when I told you that our house was in foreclosure? Well, the company that we called worked out a loan modification with our mortgage company, so we won't lose our house. Yeah, and Cash Direct Express marked our PDL Paid In Full.

Posted: Fri Apr 27, 2007 7:47 pm Subject:

Alright!!!

Posted: Fri Apr 27, 2007 7:54 pm Subject: How do I .....

Words can not even say how much I appreciate all of your help and advice. I came to this board desperate and scared. With all of you help though I feel like things are finally going our way. Thank you so much to EVERYONE!

Posted: Sat Apr 28, 2007 10:43 am Subject:

You bet!
And if your husband's company tries anything funky, it's called retaliation--and trust me, you will OWN that company--because your attorney will clean their clocks!!

Posted: Sat Apr 28, 2007 11:36 am Subject:

Kscornell is dead on; reprisals are highly illegal, and can cost a business their license and thousands of dollars in damages and fines. You may also get a case open already with the Department of Labor, informing them that you will make one final attempt to allow your husbands job to do the right thing, anf if they do not follow the states laws, the DOL will take it over for you.

Posted: Sat Apr 28, 2007 11:40 am Subject:

Also, try to keep a log of who you talk with at his job, and what they said, basically a journal of events. Paystubs, if you have them for evidence, but if you don't have the paystubs, the DOL can open the 'books' at your husbands job. Everything is a win/win for you and your husband, its cut and dry. Job doesn't follow and honor state laws, Dept. of Labor will get you all of the money refunded to your husband.

Posted: Sun Apr 29, 2007 3:13 pm Subject:

Swoody - Glad to hear things are getting better for you! Just stick to your guns with your husbands employer. You are 100% in the right on this one, it isn't a gray area of the law. And as said above, if his employer tries to retaliate, you will have one heck of a lawsuit on your hands.

Posted: Sun Apr 29, 2007 4:35 pm Subject: How do I .....

Thanks Goudah. I just have a couple of PDL's to get through, but I know I can do it. I couldn't have done it without everyone's help here on the board.

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