help needed

I know with all the advice that is given on this board, that there is at least one person that can answer my question about liquidation. I will ask again. After the labour board judge makes a decision that the employer must pay the liquidation. What do you do , if the employer still refuses to pay. Please somebody help.

Ask a lawyer!

don't you think I have already done that!!!!Sometimes they are not giving the right advice. I have been told that if the employer still does not pay. The employees have to put a lien on the business at a cost of $l5,000rd..now how many workers do you know that have that kind of money.....surely this is not correct. If this is the case nobody would pay liquidation, most ordinary workers could not pay this money....this is why I am asking for the advice of the board.

Lawyers should not ask you for money in advance - these are the ripofers! The lawer takes about a 3rd of the payed liquidation as fee (unfortunately it is like that), so if your employer offers you something like 70 % of the total liquidation - take it! I do not know where you are located but a good lawyer works for results only in Liquidations! You would have to bring the calculations from the secretaria de los trabajadores and probably the name of the inspector you been with at your employers meeting! - Good luck!

Have you been to the "secretaria de trabajo"? That should be your first step. As a rule they have their own lawyers. I hate giving any advise on this matter because I recently got ripped off by an employee. She was totally (OK, partially) useless but I felt sorry for her not having any income for the Xmas period so I kept her on. Guess what, after the Xmas period, she became even worst. When I fired her, her first step was to go to the secretaria. I then realized she had her 3 months and legally was entitled, though not deserving, to her liquidation. They sent me a bill and I paid. Bottom line is if an employer gets notification from the secretaria, he usually pays.

WE HAVE THE JUDGEMENT FROM THE LABOUR TRIBUNAL THAT THE EMPLOYER HAS TO PAY. THAT IS WHY I AM ASKING, WHAT IS NEXT. HENRY THANKYOU FOR YOUR ADVICE. YOU ARE CORRECT THAT IN LABOUR CASES , THE LAWYER PAYS THE COSTS AND RECOVERS THE MONEY AT THE END. AS I STATED BEFORE , MOST WORKING PEOPLE DON'T HAVE CASH ON HAND.
THANK YOU EDDIE.

What you probably will have to do is locate the employer's assets. Bank Accounts, real property that is in his name-this can get tricky since he probably has a lot of stuff in his family's name...and so forth. All of this can be embargoed by the local "fiscal", at your request, and by showing the fiscal the judgement from the labor department...At least is seems that this might work..
HB

You still need the help, im going to call today at Dr. Serulle, lawer famoust expert in labor, to ask him your question. The only problem is i do no writte in english, yo it will be real difficult to you undertand me. May in the future you can page me teaching some lessons on tha lenguage. Wait for the answer by this nice foro

Walker
walker@univision,com

Something similar happened a few years ago. A local hotel had refused to pay a secretary's liquidation. It took several years, but finally they go an "embargo" and they even whent as far as empounding the manager's (He wasn't even working for the hotel when the secretary left)car. They paid up fast.What does the secretaria say about the employer ignoring the jugement?

Thank you everyone. Walker I will await your answer. You are all restoring my faith. I was so pleased with the Judge ,bringing in the decision , not asking for money. It made me proud to live here and then this setback , which I believe is on the part of the lawyer. So thank you again
sandra