UPS and wage garnishment

[rocket man]

I am a 20 year combo employee, air driver outside, sorter inside. My wife and I am going through some financially "challenging" times right now. We are in the middle of filing a bankruptcy in order to rearrange our debts and keep our house and property. Before everything is final with our chapter 13 my wages will probably be garnished for 2-3 months. I know legally I cannot be fired for having my wages garnished but is there anything UPS can do/will do as far as talking to me, changing my job, harrasment etc?

Thanks in advance for your replies.

if you knew anything about your contracgt mr 20 year driver theres a whole section about that

 

[Jackburton]

Thank you very much for your help. No, that in no way makes you a pig. I am just trying to be compensated for what this man did to me. I received a call from him informing me that he had tested positive for something which would have ruined me for life. So I am just trying not to add insult to injury and thank you for understanding.

And you think a forum that has "This is not an official UPS forum" written everywhere is a place to lay your laundry out? What are you tryin to accomplish here?

 

[cheryl]

Judging by the picture you posted, I guess you are one more sexist pig working at UPS...nice rep this company is getting.

This forum addressed such issues as garnishments, an as I had stated one of your fellow drivers threatened me with one of your Union's attorney's, I am trying to get an answer from one of your superiors as to your company's policy in this matter, seeing if we can solve this "in house" rather than dragging the courts and "public record" into the situation..I don't need obvious smart ass advice.

You may not perceive Over9five's response as helpful but that is due to your own perception of his words - not his answer. It's not always easy to discern the intent of words on a page without the added help of facial expressions and body language, and impossible to know the personality type of someone answering his/her question when the OP is not a regular reader of this forum.

Please read my post regarding what this man called me about and I am sure you can understand my grief. I apologize for any comment that may have offended you.

I appreciate that you posted this.

Discussion can be animated, which is fine, but we do not welcome personal attacks, on- or off-board. Derogatory, insulting, or belittling statements, directed at other members as well as direct or indirect personal attacks are not permitted on our forum.

 

[trickpony1]

The max you can get at Small Claims Court from an individual in my city is $1500.
Been there, done that.
He probably won't accept the original summons so you'll have to pay a Deputy Sheriff $75 to serve him. Be sure to get reimbursed for that fee when you go to court.

It won't hurt if you made a call to Small Claims Court and asked if they have jurisdiction in a situation such as yours. The phone call is free.

 

[UPSGUY72]

check coming up but I should be able to send at least 100 and week after 200 then finish it with check after.; problem. Relax., if it's your mortgage your worried about I will send you 300 by aug 3, and the other 164 on aug 10 . don't get so bent out of shape it will

These are two of the multiple promises received from one of your drivers. I really don't appreciate being threatened by your driver either. I consider it unethical to threaten me with a union attorney and told I "would be crushed by his power at UPS." You are correct, an attorney would be the most appropriate route, but given the other posts regarding garnishments, it looks like UPS is fair and just. The amount in question is over 500.00. I feel like someone at your company should be aware of the behavioral pattern of this man. Which is why I asked for information about a Director at UPS.

Unless his name is on the mortgage or you have a written contract you going to be SOL...

 

[2424Plum2424]

You are not the one with an STD but thanks for the response. UPS seems to be very clear regarding fiscal responsibilities (or lack thereof) regarding drivers. Please see post regarding this issue.

 

[jaker]

check coming up but I should be able to send at least 100 and week after 200 then finish it with check after.; problem. Relax., if it's your mortgage your worried about I will send you 300 by aug 3, and the other 164 on aug 10 . don't get so bent out of shape it will

These are two of the multiple promises received from one of your drivers. I really don't appreciate being threatened by your driver either. I consider it unethical to threaten me with a union attorney and told I "would be crushed by his power at UPS." You are correct, an attorney would be the most appropriate route, but given the other posts regarding garnishments, it looks like UPS is fair and just. The amount in question is over 500.00. I feel like someone at your company should be aware of the behavioral pattern of this man. Which is why I asked for information about a Director at UPS.

Holy crap do McDonald's employees have to deal with this kind of stuff , you have a issue with a guy who works for ups what he did to you when not at work is not a ups issue or a website issue

Woman up and handle it , no one here cares what he did to when he is not at work and ups does not care what he did to when he is not at work

Work and personal life are two different things , so don't go dragging this guy personal stuff in here without his knowledge

 

[cachsux]

I'm curious about the comment of " what your driver did to me". The last I checked unless he used roofies it takes two to tango. I believe safe sex can be practiced by both genders.

 

[104Feeder]

Sounds to me like this guy bailed at the right time.

 

[jaker]

Sounds to me like this guy bailed at the right time.

The sad part is this is over 500 , we know he could have just payed it but there is a lot more to the story maybe lifetime will contact her and make a movie out of it

 

[brownmonster]

I can't believe the driver gave you his Short Term Disability. I sure wouldn't.

 

[Loufan]

Best of luck to you. In order to garnish anyone's wages, be it UPS employees or otherwise, you need a judgment. This means you'll have to drag it into the courts and public record. No company is going to offer to garnish wages based on your text messages. The Driver, if he is a Union Member, has access to the Teamster Legal Plan which means he has free legal services. So you might want to keep this in mind before suing and decide if it's really worth it. In many States, even if your case qualifies for Small Claims either party can bump it up to Superior court which allows attorneys & can significantly increase your costs.

Sorry this is off topic but everyone has free legal services through teamsters?

 

[Loufan]

Thank you very much for your help. No, that in no way makes you a pig. I am just trying to be compensated for what this man did to me. I received a call from him informing me that he had tested positive for something which would have ruined me for life. So I am just trying not to add insult to injury and thank you for understanding.

Geez lady, how about you keep these things to yourself?

 

[UpstateNYUPSer(Ret)]

Sorry this is off topic but everyone has free legal services through teamsters?

This may vary from local to local but most locals offer legal services. There is a fee schedule that they will cover depending upon the service being used. When I got divorced the union covered the lawyer in full. When I bought my house the union covered my lawyer up to $400--had I chosen one of their lawyers they would have paid in full. You should have received a booklet from your local covering legal services.

 

[barnyard]

huh, in my local, we get a referral to a 'the 1st consultation is free' lawyer. The union promotes the firm as a firm that deals with UPS frequently and knows the hoops to jump through.

 

[UpstateNYUPSer(Ret)]

huh, in my local, we get a referral to a 'the 1st consultation is free' lawyer. The union promotes the firm as a firm that deals with UPS frequently and knows the hoops to jump through.

We have a network of lawyers that we can use. If we choose to use our own lawyer they will pay up to a set amount depending upon the transaction.

 

[JonFrum]

Any one who thinks that "what happens in Vegas, stays in Vegas" should probably read Article 31 of the National Master Agreement they work under.

ARTICLE 31. GARNISHMENTS
In the event of notice to the Employer that a court order has been issued requiring the Employer to withhold a percentage of an employee’s wages to satisfy a garnishment, the Employer may take disciplinary action if the employee fails to satisfy such garnishment or wage assignment within a seventy-two (72) hour period after notice to the employee that the Employer is considering disciplinary action. However, the Employer may not discharge any employee by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness. An employee may be suspended by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness, but any such suspension must be for a fixed, stated period of time.

If the Employer is notified of three (3) garnishments or wage assignments for more than one (1) debt, irrespective of whether satisfied by the employee within a seventy-two (72) hour period, the employee may be subjected to discipline. However, the employee may not be discharged upon notice of a third (3rd) garnishment, under this provision, unless and until the Employer has actually begun withholding the employee’s wages on a second (2nd) debt. If the Employer has an established practice of discipline or discharge with a fewer number of garnishments or wage assignments, or impending garnishments or wage assignments, and if the employee fails to adjust the matter within the seventy-two (72) hour period, such past practice shall be applicable, provided it does not result in the discharge of an employee prior to the actual withholding of the employee’s wages for a second (2nd) debt.

A garnishment for child support or alimony shall not be considered a debt for purposes of discipline.

The Employer shall comply with federal, state and local law in enforcing the provisions of this Article. Discipline or discharge pursuant to this Article shall be reasonable and nondiscriminatory.
- - -

Sounds like the matter should go to the UPS Legal Department.

 

[toonertoo]

Gee whiz and good luck.
I know I share alot more than I should, but I would not have aired this on the internet if I was paid. JMHO

 

[Jackburton]

You are not the one with an STD but thanks for the response. UPS seems to be very clear regarding fiscal responsibilities (or lack thereof) regarding drivers. Please see post regarding this issue.

I'm also not the one that had unprotected sex.

 

[104Feeder]

Any one who thinks that "what happens in Vegas, stays in Vegas" should probably read Article 31 of the National Master Agreement they work under.

ARTICLE 31. GARNISHMENTS
In the event of notice to the Employer that a court order has been issued requiring the Employer to withhold a percentage of an employee’s wages to satisfy a garnishment, the Employer may take disciplinary action if the employee fails to satisfy such garnishment or wage assignment within a seventy-two (72) hour period after notice to the employee that the Employer is considering disciplinary action. However, the Employer may not discharge any employee by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness. An employee may be suspended by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness, but any such suspension must be for a fixed, stated period of time.

If the Employer is notified of three (3) garnishments or wage assignments for more than one (1) debt, irrespective of whether satisfied by the employee within a seventy-two (72) hour period, the employee may be subjected to discipline. However, the employee may not be discharged upon notice of a third (3rd) garnishment, under this provision, unless and until the Employer has actually begun withholding the employee’s wages on a second (2nd) debt. If the Employer has an established practice of discipline or discharge with a fewer number of garnishments or wage assignments, or impending garnishments or wage assignments, and if the employee fails to adjust the matter within the seventy-two (72) hour period, such past practice shall be applicable, provided it does not result in the discharge of an employee prior to the actual withholding of the employee’s wages for a second (2nd) debt.

A garnishment for child support or alimony shall not be considered a debt for purposes of discipline.

The Employer shall comply with federal, state and local law in enforcing the provisions of this Article. Discipline or discharge pursuant to this Article shall be reasonable and nondiscriminatory.
- - -

Sounds like the matter should go to the UPS Legal Department.

Key words "Court Order", but then again, she has text messages.