How can an employee recover money from employer, if the employer loses lawsuit?
Constitutional Law Attorney
I represented a group of Defendants against whom money judgments were entered in the federal court in Washington, DC. The case was National Organization for Women vs. Operation Rescue. It was decided by the late Judge Louis Oberdorfer.
After the entry of the money judgment award, my clients, who were hit for damages based on incidents related to public protests over the abortion issue, REFUSED to write a check or checks to cover the damages.
The plaintiffs' counsel was the prestigious law firm of Covington and Burling.
Plaintiffs' counsel filed a motion with Judge Oberdorfer to compel payment and proposed in their suggested order that the defendants be ordered to appear before the clerk and make payment into the court's registry on behalf of the plaintiffs or be held in contempt of court and confined.
Judge Oberdorfer fairly laughed plaintiffs' attorneys out of court on that request. As best I can recall, he said, "you are one of the most prestigious firms in the District. You can figure out how to collect on a money judgment."
And thus it is: not every attorney that files a lawsuit knows how to collect.
There are a number of answered questions on Avvo that go to this issue. Browse and you'll find them with ease. Here's the essence:
First, post-judgment financial discovery is requested. If leave of court is required, that is requested and then post-judgment financial discovery is requested. After all available financial documentation is obtained, oftentimes it will be necessary to conduct depositions of the defendants to fully clarify that information.
Second, register the judgment appropriately so that orders of garnishment and attachment can be obtained.
Third, proceed as necessary with garnishments, attachments and asset seizures.
Depending on the employer this process may become complicated by such things as corporate structure and the shielding of assets, multijurisdictional location of assets, etc.
This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.