You have won your unfair dismissal case and obtained a judgment in your favor – yet the promised wages remain unpaid. What can you do if your employer still refuses to pay despite a successful lawsuit? This article explains your rights and how to enforce your wage claim.
Won Unfair Dismissal Case: Why Your Wages May Still Be Withheld
A favorable judgment is a crucial step, but unfortunately it does not guarantee you will actually receive your wages. There can be various reasons why an employer fails to pay even after losing in court. The company may lack funds, or it may attempt to delay payment through various tactics. Sometimes there are misunderstandings about which amounts are actually due.
A common reason for non-payment is what is known as default of acceptance. This means the employer owes you the salary but fails to pay for various reasons. In such cases you have additional rights, which we explain below.
Default of Acceptance: Your Statutory Entitlement to Pay After a Successful Lawsuit
If your employer does not pay your wages despite a successful lawsuit, they are in default of acceptance. This means they are not fulfilling their contractual obligations. In this situation you have the right to demand the outstanding wages. Default of acceptance can also have further consequences, for example a right to severance pay or even damages.
It is important to document the default of acceptance. Keep all payment demands and communications with your employer in writing. This can serve as evidence if further legal disputes arise.
Your Rights After the Judgment: Continued Employment and Back Pay
After winning an unfair dismissal case, you are generally entitled to continued employment and back pay. This means the employer must continue to employ you and must pay you the outstanding wages for the period since the dismissal. These claims are enshrined in law and can be enforced.
If the employer refuses to continue your employment or pay the wages, you can initiate further legal steps. A specialist lawyer for employment law can help you enforce your claims and, if necessary, file a payment lawsuit.
Step by Step: How to Successfully Demand Your Wages
If the employer does not pay, you should take the following steps:
- Written payment demand: Send the employer a formal payment demand by registered mail. Enclose the judgment and demand payment within a reasonable deadline.
- Set a final deadline: Give the employer a final deadline to pay the outstanding wages. This deadline should be clearly stated in the letter.
- Seek legal advice: If the employer still does not pay after the deadline, you should consult a specialist lawyer for employment law. They can help you plan the next steps.
- File a lawsuit: If necessary, you can file a payment lawsuit. A lawyer can assist you in preparing the necessary documents and filing the claim.
When the Employer Ignores You: Enforcement Proceedings and Their Hurdles
If the employer still does not pay after a lawsuit, you can initiate enforcement proceedings. This means a bailiff enforces the claims. Enforcement can take various forms, such as garnishment of the employer’s bank accounts or assets.
However, there are obstacles to enforcement. For one, the employer must have assets that can be seized. Additionally, enforcement can be time-consuming and costly. A lawyer can help you choose the best strategies and conduct the enforcement proceedings successfully.
Litigation Funding: How RechtStark Can Assess Financing for Your Case
An unfair dismissal case and the subsequent enforcement of your claims can be expensive. RechtStark offers litigation funding that enables you to pursue your claims without financial risk. We assess your case and cover the costs of the proceedings if we are convinced of a successful outcome. This way you can enforce your rights without bearing high costs yourself.
Conclusion: Don’t Let Them Brush You Off – Enforce Your Claims
A favorable judgment is an important step, but it does not yet guarantee payment of your wages. If the employer does not pay, you should enforce your claims consistently. Use written payment demands, consult a specialist lawyer for employment law, and consider the option of litigation funding. Don’t let them brush you off – your rights are worth enforcing.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.