Need help.Worker suing me after I let him go

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drisforme

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May 28, 2016
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Summer 2017,I hired a worker full time to take care of my house in Cabarete.
Tasks were mainly:pool , garden, cleaning inside house ,turn A/C a bit when I was not here, presence in the house:I am still not living permanently.Was supposed to work from 8:00am to 3pm with 1 hour break for lunch from Monday to Friday and on Saturday from 8:00 to noon.

In December,I installed webcams for security reasons .I am getting notified by email with pictures when they are motions within the house .
By looking at the time when I was getting the pictures,I noticed that the worker was working just a couple of hours .Basically, was taking advantages that I was not there to show-up late and leave very early.

When I arrived last week ,we found the house dirty so based on this I decided to let him go.
I paid him whatever I owned him and gave him 2 weeks as severance.

I am back in the US and now I am getting notified that I have to be in court on the 28th for a labor issue.
I directly contacted the worker to understand the reason. Was telling me that he wants US$1000 for termination.
I asked him why ? He told me because it's what his lawyer can get for him.No further answer ......

When I let him go ,we were quite clear about the performance issue.The whole discussion was done in front of the head of the security of the community .Head of security shared that he was seeing him sleeping quite a lot !

I cannot go back to DR for the 28th ,date I suppose to be in court.

What do you suggest ?

Thank you.
 

Riva_31

Bronze
Apr 1, 2013
2,533
179
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San Pedro de Macoris
Summer 2017,I hired a worker full time to take care of my house in Cabarete.
Tasks were mainly:pool , garden, cleaning inside house ,turn A/C a bit when I was not here, presence in the house:I am still not living permanently.Was supposed to work from 8:00am to 3pm with 1 hour break for lunch from Monday to Friday and on Saturday from 8:00 to noon.

In December,I installed webcams for security reasons .I am getting notified by email with pictures when they are motions within the house .
By looking at the time when I was getting the pictures,I noticed that the worker was working just a couple of hours .Basically, was taking advantages that I was not there to show-up late and leave very early.

When I arrived last week ,we found the house dirty so based on this I decided to let him go.
I paid him whatever I owned him and gave him 2 weeks as severance.

I am back in the US and now I am getting notified that I have to be in court on the 28th for a labor issue.
I directly contacted the worker to understand the reason. Was telling me that he wants US$1000 for termination.
I asked him why ? He told me because it's what his lawyer can get for him.No further answer ......

When I let him go ,we were quite clear about the performance issue.The whole discussion was done in front of the head of the security of the community .Head of security shared that he was seeing him sleeping quite a lot !

I cannot go back to DR for the 28th ,date I suppose to be in court.

What do you suggest ?

Thank you.

Try to get a lawer to go and represent you there and get a delay, that is very easy to do it in labor court to give you time to prepare your defense, hope you have papers and report to labor department as a letter signed for him telling that he quit, if not then try to make a deal with him, paying a lawer will be for sure more expensive than give him the liquidation money.

Where I work we do not have cases in court because every body get their liquidation if they want to leave, they have to work the pre-notice, all cases in labor department get longer and longer and every time the lawer go to court its a pay day for him and is not cheap, so manager decided better save on lawer expenses and make it easy for every body that want to leave.
 

bob saunders

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Jan 1, 2002
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Go to the labour ministry. Give them the dates and the circumstances. They have a formula that they use and they will tell you whether this guy is entitled to severanxe and how much it will be. Unfortunately in this country regardless of the reasons for firing workers are entitled to full severance.
 

Riva_31

Bronze
Apr 1, 2013
2,533
179
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San Pedro de Macoris
Go to the labour ministry. Give them the dates and the circumstances. They have a formula that they use and they will tell you whether this guy is entitled to severanxe and how much it will be. Unfortunately in this country regardless of the reasons for firing workers are entitled to full severance.

The problem is that he is not in the country, so he will need hire a lawer and get a delay, as I said is so easy because they always do.
 

william webster

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Jan 16, 2009
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The 2 weeks severance was not enough under RD laws....

There is a formula - as said above - and it wasn't followed.... that puts you in a bad spot

When you want to dismiss 'for cause' you need to file 3 complaints at the fiscal/judiciary.
The 3 strike rule - then you can severe free of liquidation.

I've been through it - and lost... hard way of learning.

Just pay and continue on....

Your lawyer, his lawyer, the severance -- add it up.

Sorry to bear bad news
 

Riva_31

Bronze
Apr 1, 2013
2,533
179
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San Pedro de Macoris
The 2 weeks severance was not enough under RD laws....

There is a formula - as said above - and it wasn't followed.... that puts you in a bad spot

When you want to dismiss 'for cause' you need to file 3 complaints at the fiscal/judiciary.
The 3 strike rule - then you can severe free of liquidation.

I've been through it - and lost... hard way of learning.

Just pay and continue on....

Your lawyer, his lawyer, the severance -- add it up.

Sorry to bear bad news

I agree, its the best way and you will save a lot money doing that way than fightting the case.

Here in this link you can calculate by yourself how much money you have to pay. http://calculo.mt.gob.do/#
 

Russell

Well-known member
Jun 17, 2017
1,056
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I have had to sever several employees... all for lack of performance.
When I called the farm he answered (cell) and said he was working. But I did not see results so I went to the farm and called him.... he said he was at the farm OOPPSS!
He was working for about 7 months. I had to pay him 2 months severance regardless of cause.
Another guy was stealing from me, including my prescription drugs. So I set him up and caught him. Was with me for a year... three months salary severance.
Absentee boss does not get the benefit of those whom are on site.
Not an RD thing ; just human nature.
On the other hand one would think that we get what we pay for.... My workers got 10,000.ooDOP a month with medical benefits.
But in those two situations mentioned, one could have paid ten times that much and the same would happen.
''If you want to dance , pay the fiddler'' ... no disrespect intended.

Two to three months severance is needed.... ask the Labor Board , like it was posted ... there is a scale.
Keep out of court and pay the severance.
Russell
 

Blueceo

Member
Nov 1, 2015
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Sorry Drisforme, but you need to pay the severance. In this country the workers have all the rights. Far cheaper to just pay the $1,000 then get a bunch of lawyers involved. I've had personal experience with this in the DR and also in Mexico... same systems slanted dramatically in favor of the workers.
 

william webster

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Jan 16, 2009
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The old saying ....??

Don't fight City Hall.....

The system here favors the worker... as in many other countries.
Factor in the gringo status and you have reality.
 

GringoRubio

Bronze
Oct 15, 2015
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The 2 weeks severance was not enough under RD laws....

There is a formula - as said above - and it wasn't followed.... that puts you in a bad spot

When you want to dismiss 'for cause' you need to file 3 complaints at the fiscal/judiciary.
The 3 strike rule - then you can severe free of liquidation.

I've been through it - and lost... hard way of learning.

Just pay and continue on....

Your lawyer, his lawyer, the severance -- add it up.

Sorry to bear bad news


I've been sued in Nicaragua by an employee who was so far off the scale for reasonable behavior that it was ridiculous. She was hoping to get fired so that she could sue as her sense of entitlement knew no bounds. You really need a lawyer for these cases to CYA and deal with the local laws. I did and was still sued. Not me personally, but the NGO that I'm a board member for.

It took some time but she eventually settled for less than the severance we initially offered which balanced out the cost of the lawyer. It was just an unnecessary distraction that alienated our donors more than they already were.

Btw, Getting your employee to sign an agreement isn't sufficient either. You need to follow the set procedure. A lawyer is a reasonable cost.
 

drisforme

Active member
May 28, 2016
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Thank you all for the very quick feedback and recommendations.

Will follow the consensus : Keep out of court and pay the severance.
 

Garyexpat

Bronze
Sep 7, 2012
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I don't know where it is but if you look around on line you will find the page to fill in and calculate the additional liquidacion (severance) to be paid. It will not equate to $1000.
Good luck.
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
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South Coast
Thank you all for the very quick feedback and recommendations.

Will follow the consensus : Keep out of court and pay the severance.



Okay, but go to the site that Riva posted. Figure the correct amount, minus the two weeks pay you gave him. It will include not only severance but also percentage of vacation and December double pay. 

Print it out!! Be sure that he signs the paper acknowledging you paid him!  Keep that paper. Without it you have no proof and could be right back where you started. 
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
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I also want to mention that Mr AE’s brother took our caretaker to the labor dept in Santo Domingo when we let him go (we were out of the country). He was told that domestic employees do not get severance and we only owed the vacation and 13 th month.   We paid that and he signed the receipt, then we chose to give him a bit extra. 

Everyone had told him we owed him about 80,000 pesos
 

bob saunders

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Jan 1, 2002
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Okay, but go to the site that Riva posted. Figure the correct amount, minus the two weeks pay you gave him. It will include not only severance but also percentage of vacation and December double pay. 

Print it out!! Be sure that he signs the paper acknowledging you paid him!  Keep that paper. Without it you have no proof and could be right back where you started. 

DO it at th labour office, that's what we do. Then you have your witnesses as well.
 
Jan 17, 2009
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You need to do the calculations but I doubt you owe a lot for someone who worked for you just 4-5 months.  You need to pay severance after 3 months, plus vacation time, plus aguinaldo (the 13th month pay) but all prorated.  I always used this official calculator:  https://calculo.mt.gob.do
 

lifeisgreat

Enjoying Life
May 7, 2016
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In our community the gardener was let go 6 yrs no severance..he tried to claim he was security.... I guess it’s all in title of employment?
 

drisforme

Active member
May 28, 2016
206
71
28
Thank you to pinpoint the official calculator: https://calculo.mt.gob.do for the calculation but as well a way to generate the official form to be signed .

He worked for me since June 13 2017 . I was paying him $240/month.
I gave him $120 in December as his December bonus(pro-rata) in addition of his monthly salary.

Based on the calculator ,I owned him $ 15,752.83 - 2 weeks giving to him already so about US205 .(Took an exchange rate at 48.5)

Am I right which is 1/5 of what he requests !

Thank you
 

william webster

Platinum
Jan 16, 2009
30,247
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I also want to mention that Mr AE’s brother took our caretaker to the labor dept in Santo Domingo when we let him go (we were out of the country). He was told that domestic employees do not get severance and we only owed the vacation and 13 th month.   We paid that and he signed the receipt, then we chose to give him a bit extra. 

Everyone had told him we owed him about 80,000 pesos

That seems to be true -
but like everything else , the final decision seems to vary - case by case, location by location... etc by etc
 
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