Shah v. CITY OF FARMINGTON HILLS

Because I do not believe that the severance payment at issue in this case constituted “earnings” under 15 USC 1672(a), I respectfully dissent. I would affirm the trial court’s order.

15 USC 1672(a) defines “earnings” as “compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.” As noted in Vanderlaan v Tri-County Community Hosp, 209 Mich App 328, 332; 530 NW2d 186 (1995), clear statutory language should be applied as written. The severance payment Shah…