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Under California Labor Code section 2929 it is unlawful for an employer to discharge an employee for the payment of one judgment of threatened garnishment. The law defines "garnishment" as any judicial procedure through which the employee's wages are required to be withheld for the payment of any debt. The term "wages" includes "all amounts for labor performed by employees of every description," whether the amount is fixed or calculated on the basis of time, task, piece, commission, or other method. Cal. Labor Code 200(a) & 2929(a)(2).
If the employee is fired in violation of section 2929, his wages continue until reinstatement or until 30 days have elapsed. Generally, the recovery is limited to the wages the employee would have earned during the 30 days preceding the levy of execution on the garnishment order. An employee who wants to have the Labor Commissioner take an assignment of the claim must file it with the Commissioner within 60 days after discharge. However, a discharged employee cannot sue the employer if a criminal prosecution based on the same discharge has been commenced under the federal Act. Section 2929 does not affect any other rights that the employee may have against the employer for wrongful termination, including claims for discrimination, retaliation, harassment and alike.
