My daughter won a labor dispute against her past employer for bounced checks via Div. of Labor Standards Enforcement (OC, CA)
she has 10 days to appeal the reward. if no appeal, how will my daughter get the award from her? does it go thru the DLSE, court, or do we have to contact her to pay the reward ? How do we get the money from her? How long does she have to pay the judgement? What recourse do we have if she doesn't pay the judgement amount?? Thank you so much.
In order for the employer to appeal the award, she must post a bond with the court in the amount of the award, plus pay the filing fee which is currently $435. And, if she loses, she must pay for your daughter's court costs and legal fees should she hire an attorney. So, there is a real disincentive to not appeal the award.
If there is no appeal, the award will turn into a judgment. It may take some time for this to happen. But once it becomes a judgment it starts earning interest at 10%. The simplest thing to do is for your daughter to write a demand letter to the employer giving her a specified time to pay the judgment or she will take enforcement action to collect it. Enforcement starts with obtaining a writ of execution which can be applied against any property which belongs to the employer including bank accounts. To find out the bank account numbers and where the property is located, a judgment debtor examination may be necessary.
Yes, all this can become a bit complicated, which means your daughter may need to hire a collections attorney to assist her. There is also a wealth of material out there on how to collect a judgment she may wish to read up on if she wants to try to do it herself. It may take some time and patience but the judgment will be growing daily all the while, so she needs to be vigilant, if the employer refuses to pay.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
If the employer does not pay, contact the labor board and see if they can help. Otherwise, you would collect it just like any other judgment. Depending on the amount, you might want to talk to a collections attorney.