Partial Assignment of Wages

Although claims for services rendered under separate contracts may be the basis of separate suits, in an action to recover wages for services, the entire amount due at the time the suit is commenced must be sued for as if they were performed under a single indivisible contract.  Unless an employer consents to the partial assignment of wages, an employee cannot make a partial assignment of wages that will be enforceable at law against the employer.[i]  However, if the employer does not consent and all parties of interest are before the court, a partial assignment of wages is enforceable in equity.  The employer will be held responsible in equity to the assignee for the amount of the assignment, if he/she paid the wages to the employee after notice of a partial assignment.[ii]

[i] Thiel v. John Week Lumber Co., 137 Wis. 272 (Wis. 1908)

[ii] Graham v. Southern R. Co., 173 Ga. 573 (Ga. 1931)


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