Based on the limited info supplied by the OP, clearly she needs a lawyer or a new lawyer. It is a little late in the game but an appeal of the decision is the next step if doing so will cost less than $4500 USD and it should.
We all know (Virgo here is your opening) that foreigners are often preyed upon by the locals, the shop keepers, contractors, the police and the legal system. We know that when we invite Dominicans and Haitians onto our property to perform some service for a pittance of what we would pay at home, we are opening ourselves up to property damage, theft, heartache and sometimes death. You can never completely trust someone who does not share a common perspective with you on the rules of the game just like you can never completely trust your pet tiger not to have a bad day and swat your head off.
If you are going to get involved in the idea of having a maid, gardener, handyman, then you need to takes steps to protect yourself first.
1) Talk to a lawyer and completely understand the labor laws here before you hire someone
2) Have the person sign a work agreement that clearly states they are not an employee but a person offering their services on an as needed basis.
3) Do not befriend these people. Do not ask where they live, how many kids they have etc.
4) Do not give them gifts (old clothes, pots & pans etc) You are attempting to maintain at least 6 degrees of separation between you and them.
5) Do pay them a reasonable cash bonus at Christmas.
6) Outside people have no business being in your home. Exception to use the bathroom. Escort them in, and escort them back out again.
7) Try to avoid feeding them. It is better to give them an additional $100 pesos so they can bring their own lunch than the worker being able to claim you cook for them. Surprisingly, provided meals seems to hold weight with the courts.
8) Do not have the same person working at your home more than two days a week for longer than 6 hours at a time. If you need help everyday, hire enough people so that no one individual can claim full time employment status.
9) Clean your legal shotgun on the back terrace at least once where every helper can see what you are doing.
The fact is - no one really enjoys cleaning your toilet or picking up your dog's messes in the yard. They do it for the money and the anticipation of extras. We feel badly when we pay someone $5 for 6 hours work, so we give them $10 to make ourselves feel better. We believe it's no big deal, but in their eyes, we are weak and are apt to overpay, can afford to overpay, have cool stuff so they latch onto the idea of getting some of that when the timing is right.
Perhaps not everyone you may pay for services is on the make, but certainly most of them are. You will have problems, if you get too close to your "help", try to be their friend, show too much of an interest in them or fail to correct their work because letting it go is easier than figuring out how to discipline someone in a foreign language.
You have to understand from the outset - when you establish a pay for service arrangement with anyone, you are setting yourself up for potential future problems. You have to ask yourself if doing so worth the potential risk or is it a better idea to clean your own toilet? If you choose the former, you need to very clear and always conduct yourself in such a way as to come across as pleasant, fair and so that in no uncertain terms, these helpers are not your friend and are not your employee. If they seem to be getting too close, too familiar or too comfortable, it may be time for a change in the help dept.
I have heard stories of longtime help having a crisis in their personal lives and after many years of good service to their gringo, use that relationship to solve their crisis by way of theft or violence. You cannot blur that line with the help and bank on a good outcome.
I am Se?or Cdn_Gringo to the help, never simply gringo.
