Court orders can have direct and enforceable consequences in the workplace. While these matters arise from an employee’s personal life, employers are often legally obligated to comply with court orders and must do so without engaging in or exacerbating the underlying dispute. Failure to understand these obligations can result in statutory penalties, civil liability, or claims of unlawful employment practices.
Income Withholding and Wage Garnishments
Child support and spousal support orders are typically enforced via income withholding. Upon receiving an employee’s court order, employers must:
- Withhold the specified amount from the employee’s next pay period
- Remit withheld amounts as instructed through the order
- Continue the withholdings order until modified or terminated by the court or the Wisconsin Support Collections Trust Fund
These orders are mandatory, and employers can’t delay, negotiate, or change withholding amounts. Employers also can’t discipline, refuse to hire, or terminate employees based on income withholding for support.
Noncompliance can result in employer liability for missed payments, penalties, and contempt proceedings. Knowingly failing to comply may lead to contempt proceedings on the employer and could trigger further court sanctions.
Example: An employer receives a child support withholding order for an employee. It must ensure the order is processed according to the court’s instructions. If it ignores the order or delays processing, it could face legal action.
Court Appearances and Employment Attendance
Family law issues often involve going to court, such as attending hearings on the following matters:
- Divorce or legal separation
- Paternity determinations
- Legal custody and physical placement disputes
- Enforcement or contempt
While employers aren’t required to provide paid leave for court appearances, adverse employment actions taken in response to court participation could be problematic. Employers should make sure attendance and leave policies are applied uniformly and that disciplinary decisions are well-documented and grounded in neutral business considerations.
Example: An employee requests unpaid leave to attend a court hearing. The employer’s policy allows unpaid leave for personal legal matters, so it grants the request. If, however, it denies the leave or disciplines the employee solely for attending court, this could be seen as retaliation and may expose the employer to legal action.
Custody and Placement Orders
Legal custody and physical placement orders create additional obligations and set schedules for employees and their children. These orders may restrict an employee’s availability for:
- Overtime or on-call shifts
- Evening or weekend work
- Travel or relocation
Employers aren’t required to restructure positions to accommodate placement schedules. However, awareness of these constraints can reduce scheduling conflicts, employee turnover, and claims of unfair treatment.
Example: If an employer tells an employee about a relocation, it should consider whether the employee can actually move and meet the requirement of living within 100 miles of the other parent’s home. Keeping records of discussions and handling all similar situations consistently help to avoid discrimination issues.
Temporary Orders and Financial Instability
Temporary orders often address support obligations, housing arrangements, or responsibility for expenses during the pendency of a case. These orders can change with little notice and may significantly affect an employee’s financial or emotional condition.
While employers have no obligation to adjust compensation or duties based on temporary family court orders, payroll accuracy and consistency is critical, particularly when temporary income withholding or modifying withholding amounts is imposed.
Example: An employee’s child support obligation increased through a temporary order. The employer must adjust the withholding amount promptly to reflect the new order, ensuring there are no gaps in compliance.
Domestic Abuse Restraining Orders and Workplace Safety
Domestic abuse restraining orders and harassment injunctions may include no-contact rules that affect the workplace. Employers that receive such notice should:
- Prevent prohibited contact at work
- Adjust assignments or schedules as needed
- Respond if the order is violated
Ignoring these obligations after being notified can lead to negligence or workplace safety claims, especially if harm occurs. Risks increase if the employer had prior notice and failed to act.
Example: If an employee is subject to a restraining order prohibiting contact with another worker, the employer should ensure the two don’t share shifts or workspaces. Failure to act after receiving notice could result in the employer’s being culpable if a workplace incident occurs.
Confidentiality and Personnel Records
Court orders often contain sensitive information. Employers should limit access to such materials to personnel with a legitimate business need, typically within HR or payroll. Improper disclosure may create privacy concerns and undermine employee relations. Disclosure of these documents could leave employers open to privacy-based civil claims or employment law claims based on misuse of confidential information.
Example: An assistant inadvertently leaves a court order containing personal information in a shared office area. If another employee accesses this information and the affected employee files a privacy complaint, the employer could face a civil lawsuit if the affected employee suffered harm.
Reputational and Operational Risk
Beyond statutory penalties, employers may experience:
- Disrupted payroll operations
- Loss of employee trust
- Increased turnover
- Escalated involvement in employee litigation
Risk Management and Best Practices
To mitigate legal exposure, employers should:
- Establish written procedures for processing income withholding orders
- Designate trained personnel to handle court orders and communications
- Refrain from offering legal advice to employees
- Document all actions taken in response to court orders
- Consult an attorney when court orders affect the workplace
Bottom Line
You must take court orders affecting an employee’s work seriously in the workplace. Ignoring or managing these orders inconsistently can expose you to legal trouble, employment disputes, and disruptions to business operations. By following a clear and compliant process, you can meet your responsibilities, set proper boundaries, and reduce potential liability.
April Splittgerber is an attorney with Axley LLP in Madison, Wisconsin. She can be reached at 608-314-3357 or asplittgerber@axley.com.