How do I .....

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.

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.

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!!

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

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.

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!

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.

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.

Alright!!!

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!

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!!

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.

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.

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.

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.

Congrats swoody! I am so glad that things are going better for you. We are all rooting for you and you will get those pdl's taken care of in no time!

Hey, guess what. My husbands employer sent us the garnishment back. I did what you guys suggested, and called the labor board. It was just a few days later, and she sent us the whole amount back. I never thought it would happen.

Congratulations! That's awesome! I'm sure that your husbands employer will never do something like that again!

Im glad to hear you got your money back!

Yep, I can personally say employers don't like labor board inquiries.My last employer wrote me a check for a little over $11000 dollars before taxes and they are now involved in a class action labor lawsuit.All because they would invent reasons to not pay overtime.Let's just say I had a very happy thanksgiving last year! :mrgreen: :mrgreen:

Darn my employer never screws up like that...:( LOL

Another one bites the dust!!!

Swoody, that is great news. I am so glad that your husband got his money back!!! Take that, Northway!!! And Leah....my employer never screws up like cajun's either so don't feel bad!!!