Terminating employment for no call/no show

Just pay him off and get rid of him.

My guess is any lawyer will tell you the same.
That's unless you have an overwhelming amount of photographic, video and other documentation to prove your case. Even then, the chances are the judge will side with the employee.

Cut your losses...

I believe that you have to register 3 official complaints with the Secretaria before you can terminate the employee without paying liquidacion, unless the laws have changed.
Be aware, that all your books will have to be in order, otherwise, Robert's suggestion is the best route to take.

Termination for no call/no show is common in our business. First, it is important to document every occurance with a report to the labor Department within 48 hours and with notice to the employee. After the second NC/NS we have the employee meet with a representitive from thelabor Department who advises the employee that we intend to terminate him on the next NCNS without liquidation. In fact NCNS and any absence without a medical certificate is the same. On the third occurance we notify the Labor Department that we are terminating the employee without liquidation and notify the employee as soon as he returns. He is not permitted to return to work. So far, with prior notification of the Labor Department and the employee, we have not been held liable for liquidation.
The only time we do have trouble is when they produce what is an obviously bogus medical certificate.

Lurker571 said:

I wonder how that works since the employee in this case does not have a specific place he is supposed ot be or a specific time to be there.

I do believe I will have to pay his liquidation, it just hurts because I have already been paying him for months to compete with me directly, and on top of this I have to give him what amounts to several thousand dollars more. (this is no minimum wage employee)

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You live and learn. Don't blame the fact you are paying on the employee. Poor management and documentation are to blame.

If you can document his betrayal

Then you sue him for damages and violation of confidencial information.

Make him pay his lawyers to fight you. Instead of paying him, you pay the lawyers and make his life hell for a while.

But this takes documentation.

HB :ermm:

If You Guys Are All So Smart,How Come You Ain't Rich???

Be a little "creative" here! Think like a Dominican! Go to your local police office.File a complaint against the employee for theft :bandit: of your laptop,and other company assets!He just left one day,"?" weeks ago and never came back.You have tried to contact/find him with no success.Case closed! Bet that will get his attention!Then you can negotiate from a position of power.He signs a paper that he is leaving of his own free will,you pay no liquidation and will drop all charges if he returns all property of the company in good condition.

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In a perfect world, yes you sue him for damages, etc. But this surely ain't no perfect world. Your upfront legal costs would exceed your gain or savings.
As to having him thrown in jail. Where is the documentation that you asked for the return of the computer. You haul him in, he says you never asked for the computer or ever fired him. If you say you fired him, there better be a notice on file with the Labor Department. In addition to liquidation you may owe him in a false arrest claim.

Best thing to do is call him in, negotiate a settlement. Even if youfire him for cause you are still going to have to pay his Christmas Regalia and vacation. This is usually about half the liquidation. Offer him something above this and hope he settles. Otherwise, the longer you prolong this, the more it costs. If you fail to pay proper liquidation and he files against you with the Labor Department. They may (and usually will) order you to pay the liquidation plus full salary for the period from when you fired him until the case is resolved. This can be 6-12 months additional salary. Do you want to roll the dice?

You're better off just firing him and paying the severance pay. If you dont' pay it you will be sued for sure (for much more than the severance pay, they will find 'overtime' and all kinds of charges) and the lawyers fees will cost you more than the severance pay. About half you have to pay anyway, the Christmas and Vacation money. Its just not worth it - the courts are really skewed towards the employees and businesses never win.

And you save yourself a lot of headaches.

You Guys Have No "BALLS"!

We caught an employee stealing "Gasoil" several thousand gallons at a time.
We confronted him,gave him the opportunity to resign or face criminal charges.He resigned.
There is an "unwritten" Law in the DR."He Who Files First,Has The Other Guy By His Balls"!
File your paperwork with the labor dept.and a complaint with the police,you will have the upper hand!
After a couple of nights in jail you will see howfast they resign!
Get a "relationship" with your local Police!
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Criss Colon said:

We caught an employee stealing "Gasoil" several thousand gallons at a time.
We confronted him,gave him the opportunity to resign or face criminal charges.He resigned.
There is an "unwritten" Law in the DR."He Who Files First,Has The Other Guy By His Balls"!
File your paperwork with the labor dept.and a complaint with the police,you will have the upper hand!
After a couple of nights in jail you will see howfast they resign!
Get a "relationship" with your local Police!
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In a clear cut case such as this absolutely. But most are not so clear cut. Since you still owe Vacation and Regalia which is about half the liquidation anyway, you have to gamble that you are going to prevail with the Labor Department or pay 6-9 months of additional salary as a penalty.