A VERY DANGEROUS and troublesom X Employee !!

Caribee

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I currently have 9 employees at my home, ?Rancho Dorado? who collectively perform most or all of the duties necessary to maintain and support my life style. This includes cooking, cleaning, washing, chauffer, bodyguard, translator, watchman, animal care, fence repair, building construction and repair, etc. I am a civil engineer and architect and as such very much enjoy designing and building new structures such as dams, water systems, buildings, etc. I treat ALL of my employees with respect and I believe am MORE than fair with them is ALL respects! They are ALWAYS paid on time and ALL received their Christmas ?Bonus? even to include one who had only worked for me two weeks previously. My wish and intention is to live my life in peace, help anyone in my area who truly needs and deserves help and to work to the benefit of ALL people on this island when ever possible?. HOWEVER?.One man seems determined to deny me this wish! I hired this man September 1, 2005 to care for my animals for RD$6000 per month. His performance was not wonderful, but acceptable until he had his 3 months time in. December, 2005 he turned into the employee from HELL! First I personally caught him hauling my fence posts to his house when he was supposed to be repairing my fence. With 20/20 hind sight, I should have hauled his butt to jail right then and charged him with theft!??BUT??out of respect for his father (my good friend), I lectured him for 30 minutes about not stealing and with his ?Promise to never, never steal again? allowed him to continue working. Next he started coming to work drunk from drinking rum! Another 30 minute lecture with ?Promise to never drink rum again???Next, a new roll of barbed fence wire was missing. Another employee said he had seen Paulino carrying it to his house. Paulino said, ?I took it to my house to keep it safe?! In January he was coming to work drunk every day. When I caught him beating a new born calf with a big stick?..that was ?.TOO MUCH!! January 15, 2006, I told him he could no longer work for me unless he quit drinking rum, quit stealing and took care of his family.
I invited him to accompany me to the Department of Work in Puerto Plata at 9:00AM January 16, 2006 to let them decide if and how much ?separation pay? I owed him. I went to the Department of Work without him because he failed to show up. The man at the Department of Work advised me that I owed him?NOTHING! That afternoon, his father and his wife came to my home to beg me to continue his employment. I gave them two weeks until 1 February to reform him from drinking rum, quit stealing, etc. and for him to return back to work. I saw nothing of him during these two weeks and just to be safe, on 2 February, I wrote a detailed letter to the Department of Work detailing my problems with Paulino and have my certified copy dated 9:25AM, 02 FEB 2006. In my opinion, I have been ?Patient as the legendary JOB? with this man and my kindness has been repaid with the following: About 3 weeks later, Paulino showed up at Rancho Dorado with another man who spoke some English. They DEMANDED that I pay Paulino some money!! When I refused, they first threatened me with jail!! When this had no apparent effect on me?..they threatened to kill me!! With that threat, I went to get my pistol and ordered them?.OFF MY PROPERTY! They responded that they would leave only after I paid them! When they saw that I really had my pistol in my hand they decided it was time to leave and quickly disappeared. Since that time, I am often OBVIOUSLY being followed by a new white Nissan pickup truck with 3 or four men to include the one who accompanied Paulino and threatened to get me and to kill me! On other occasions, I have been followed by two expensive new 150 Yamaha motorcycles when I am on the El Cupey country road to Puerto Plata. I can ONLY conclude that they are watching for a good opportunity to rob, kidnap or to kill me.
I am so tired of this game that I would ALMOST welcome such an attempt. I have no fear of dying and am expert with both pistol and shotgun. I travel well armed which is probably the reason I am alive today to write this. They have failed to date to rob or kidnap me and so NOW?..Paulino has decided to utilize the Department of Justice to harass me! He has now utilized an attorney in Puerto Plata to file a ?NOTIFICACION DE DEMANDA LABORAL? against me which is so COMPLETELY based on false claims as to be ?LAUGHABLE?! He claims he worked me 15 months?instead of the actual 4 ? months. I wasn?t even on the island 15 months ago! He claims I paid him RD$8000 per month instead of the actual RD$6000. He claims that I NEVER told him why he was fired??when the fact is, I NEVER FIRED HIM ! He FAILED TO COME TO WORK for the two weeks I generously granted his father and wife to reform him and get him back to work. He obviously decided that he did not want to work for me if he had to quit drinking, quit stealing and take care of his family as I required and carefully explained both to him, his father and his wife! He claims that I failed to present the required letter of explanation to the Department of Work. I have my ?Certified Copy?! Attached to the Demanda is a CERTIFICATION from the Dept. of Work stating that I presented no such letter to the Department from December 20, 2005 until January 7, 2006. This is TRUE?.but laughable?..in that he worked and was paid through January 15?..one week AFTER the period of this certification. I don?t think the law requires me to write an letter of explanation?.ONE WEEK or more BEFORE?.an employee fails to come to work for two additional weeks ?.or I terminate an employee!! Given that Rancho Dorado is my home?.ALL my employees are ?Domestic Help?. I sell NOTHING ?.and produce NOTHING FOR SALE. This is simply my home which I maintain and enjoy in my own way and style of choice. The law says I only owe vacation pay after separation and that ONLY after one year of employeement.
The Demanda is for a whopping??..RD$176,348.61
This is an OBVIOUS attorney trick to APPEAR to have a valid claim to steal money from me!! MY QUESTIONS ARE: What recourse for damages do I have against this attorney who filed this COMPLETELY RIDICULOUS AND FALSE Demanda against me? What LEGAL recourse do I have against Paulino who signed off on these COMPLETELY RIDICULOUS AND FALSE claims in this Demanda? Yes, I have HARD EVIDENCE to disprove this ENTIRE Demanda! BUT?.what about the money I have to spend to hire an attorney ?? What about my time which I provably value at RD$275 per minute?? What about the threat upon my very life ?? What about the harassment of being followed and chased when I have to travel from Rancho Dorado to Puerto Plata ?? Does the Department of Justice allow itself to be OBVIOUSLY used for HARRASSMENT and attempts to steal by a KNOWN THEIF?.and by attorneys who buddy up with them to file ABSURDLY FALSE Demandas in their attempt to steal money. Do attorneys have NO RESPONSIBILITY to even half way check the validity of claims they make in Demandas?? What about attorneys who include CERTIFICATION with their Demanda which doesn?t even extend through the time in question ?? Do I have to wait until such time as they finally see a good opportunity and ACTUALLY rob, kidnap or kill me?? How do I LEGALLY put a stop to this harassment ??
I know of two land owners up on the mountain in my area who have been killed by such trash as this within the time period I discuss. I REALLY would prefer not to be the third and simply be left alone to live in peace??BUT ??? NO?.Of course, I cannot PROVE they are following me with the intent to rob, kidnap or kill. That is impossible !!
Am I LEGALLY?..required to wait until such time as I am attacked, killed, etc. in order to have SUFFECIENT PROOF ?? I can easily prove ALL the claims in the Demanda are false??..but what about my life?
 

Mirador

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I suggest you sell all your assets, and move to Scotland. You are not prepared to live in the Caribbean...
 

GringoCArlos

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Wow! For someone who is so well off that they can maintain a staff of 11 for their home, you sure were a bonehead.

(take a breath, and then read on, my naive friend.)

You got your shorts in a big twist over less than RD$6000. By your own admission, the man worked for you for 5 months and 1 day. (01 September 2005 until 02 February 2006). And why in the hekk would you believe some employee of the Labor Board with an answer that is not in writing, and stamped by the Labor Board??

In the absence of a formal written contract, under the Labor Law you have an IMPLIED labor contract with the man. As the employer, you owed the man:

7 days of anticipation +
6 days of vacation +
6 days of cesantia +
1/12 of the Navidad bonus, (assuming that you paid his Christmas bonus in December) +
any unpaid wages since the last payday.

His average wages were $6000 a month, divided by 23.83 (as per the Labor Law) = average daily wage of RD$ 251.78

soooo....
19 days X $251.78 = RD$4,783.82 +
1/12 X $6000.oo = RD$500.00 for the Christmas bonus +
any unpaid wages PLUS

a penalty under the Labor Law, which says that you should have paid this money within 10 days of officially firing the man on 02 February 2006. This penalty says that for every day you are late, you owe him 1 days wages. That translates into another 119 days of wages (12 February 2006 to today, 11 June 2006) = another RD$29,961.82.

If you paid the man up to 02 February 2006, then at a minimum, you NOW owe him a total of RD$35,245.64.

In the DR, the poor guy always beats the rich guy. The laborer will NEVER lose in the Labor Court, and all you will get out of going to Labor Court is the opportunity to pay even MORE.

Sometimes we get so pi**ed off about penny ante sh*t, that we deserve to be penalized in a manner that we will remember for future reference. IT's called 'tuition" my friend.

These socialistic, draconian labor laws were only brought about by the bad behavior of too many employers who thought they could get away by screwing employees when money was justifiably owed, and by the bad behavior of too many employees who tried abuse against a good employer. The Dominican labor laws aren't great, but at least the rules are down in black and white. Where was your translator for that part? Drinking coffee, instead of helping you stay out of this doo-doo?
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I would also file a report with the local police and maybe the Palacio de Policia about his death threats. That may work to get him out of your face, or from stalking you. He would take this seriously.
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Instead of you handling the labor situation, why in the heck don't you use your lawyer to do this work. Make him the patsy in paying the wages, hiring the employees, and firing and paying off the employees. Why do YOU need this aggravation??

Also, I doubt that the lawyer will stoop to acting like an employee's mother or father, and berating them for 30 minutes about their shortcomings. Grow up!
 
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Caribee

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Mirador said:
I suggest you sell all your assets, and move to Scotland. You are not prepared to live in the Caribbean...

Mirador......Please take your suggestion and put it where the SUN DON'T SHINE !! I am NOT a runner........I AM A FIGHTER !@!@!:eek:gre: Right now, I am merely being NICE........AND asking for EXPERT LEGAL ADVICE to settle this matter if such a way as to comply with what LITTLE LAW there seems to be on this island. I WILL LIVE HERE........OR I WILL DIE HERE !! The nickname "Caribee"....is merely short for "CARIBEE LION" a nickname I was given when I owned and operated a 110 ft. lobster trawler over half the Caribbean. There is NO LAW on the open Caribbean Ocean! Whenever a fellow fisherman was threatened by pirates or whatnot....they often called for me on the radio. I have settled MANY a pirates hash.....!! and trust me, I KNOW HOW !! I doubt you have EVER SEEN a person more prepared to live in the Caribbean than I........:pirate:
 

Mirador

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Caribee said:
Mirador......Please take your suggestion and put it where the SUN DON'T SHINE !! ....pirate:[/ NOT a runner........I AM A FIGHTER !@!@!:eek:gre: Right now, I am merely beingQUOTE]


How come I didn't get the thirty minute lecture?... ;)
 

GringoCArlos

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Fabio, are my estimates off by more than RD$1000 or $2000?

Caribee, there may be no law on the open sea, but here they will put you in the poorhouse, put an exit impediment on you,and then the pokey, (hopefully not La Victoria for you), and you will have been in the WRONG. The DR has laws -follow them. If not, go somewhere else. Simple.
 
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Caribee

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Mar 22, 2003
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Thanks so much for your advice Mr. Guzman. MUCH APPRECIATED !
I already have a working relationship with your associate Julio Brea in Sosua and will probably consult him in this matter. :)
 

suarezn

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Another thing you mentioned you have a bodyguard? Where was he while you were being threatened, followed, etc?

Get a lawyer, pay the guy what he's owed (whatever that turns out to be) and then you make sure that he understands that you don't ever want to see his face or that of his friends again nowhere nearby your house.
 

cuas

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You can be a fighter, but I will do what Mirador is telling you. If you fight you will spend more money. Be wise, negotiate with the man. More days more money. My father had a small bakery long time ago and every time one of the worker left on their own, my father got citation from the labor dept. and he was told he had to pay. In the beginning he was paying, the he was settling with the worker. One day he had to fire a worker. My father told his brother who is a tiguere (street guy) but also owned a bakery. My uncle came to the bakery and gave a speech. He said you are abusing my brother because he is nice and soft, you want him to fire you because you need money, but from now on, I am the one doing the firing, you are fired and when you go to the labor dept. tell them that I fired you. THAT WAS THE END.
Good luck, but remember your life is more important. You made a mistake hiring this man and he is dangerous. This is not only defending you money, it is defending your life. You should not feel unsafe when leaving your house.
In DR you have to learn the money talk
Go to the police
 

GringoCArlos

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Caribee, if you want to be a contributor to this forum, rather than just a solution-seeker, why don't you come back later and post your attorney's analysis and his remedy for your problem? After all, that's what this forum is about - trying to help each other with the convoluted problems that arise in daily life in the DR.
 

Mirador

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Malibook said:
Try to help out a buddy by hiring his despicable degenerate kid and this is the thanks you get?

You deserve praise Caribee, not more bullsh!t.

Good luck.

Malibook, you know very little of friendship, much less about business. Caribee, neither helped his buddy nor advanced his business with his persistent foolish attitude and action.
 

Caribee

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Mar 22, 2003
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Thanks so much EVERYONE for your input. I really appreciate such a quick response which in MOST cases is based on your own experience upon which I put great value. If the law and the Department of Justice is so screwed up here as to require that I pay seperation pay to a domestic worker (contrary to existing law), to a man caught red handed stealing two times in a row, to a man who quit his job because he refused to stop stealing, drinking rum and neglecting his family, to a man who EVERYONE on the mountain KNOWS engineered an organized breakin and armed robbery on my neighbor from New Jersey directly across the road from Rancho Dorado....and still goes free (while the other three men were dead within 48 hours of capture)....THEN SO BE IT !! BUT......this is also my signal to seriously get into politics on this island and to change......"WHAT NEEDS FIXIN" !!
I have a lot of friends on the mountain! Recently I circulated a petition in La Vigia and El Cupey to grant me the comission of "Capitan De Policia" for our area. Right now I have more than 600 signatures with cedula numbers ALL certified by the local Alcalde and various other political factions. If granted, I will at NO EXPENSE to the government......build a police station....hire, train and equip a police force for the protection of our beautiful area. Right now MOST poor people live in constant fear of the theives! In response to someone's question....."WHAT DO I REALLY WANT?" What I really want is to be allowed to live in peace. What I really want is to be able to utilize Rancho Dorado as a working laboratory to develope and to teach farmers over the entire island how to produce more and higher quality food for sale on the international market. What I really want is to utilize my EXTENSIVE experience in commercial food production, packaging and marketing to help ALL our people sell their products for more hard currency on the international market. What I really want is for ALL really poor people to have decent food to eat. April 1, 2006, one of my VERY POWERFUL political friends personally handed my letter to Presidente Leonel in which I bitterly complained about the treatment I received at Port of Rio Haina. Recently I read that he basically cleaned out many of the theives there.....so MAYBE it did some good! In this same letter, on behalf of my son, Mark Robbins, President of Farm Share in Florida (see www.farmshare.org) I offered the donation of suffecient free food to feed ALL the poor and hungry of our country.
So far, I have not received a response to this offer....BUT....I really doubt that Presidente Leonel will be so quick to deport a person who offers food for all our poor and hungry. What I really want is spend the rest of my life utilizing my expertise to help resolve the shortage of electricity, the shortage of cooking fuel, the shortage of hard currency so sorely needed on this island to improve the quality of life for EVERYONE ! and yes....I WANT MORE...but hopefully you get the idea !!
 

Rocky

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There are two very opposing views developing from Caribe's situation.
I would prefer to not take a side or be dragged into ugly hateful arguments.
Despite the risks, I feel compelled to say that I admire & respect any person who tries to do things the right way, REGARDLESS of the costs.
What happened to righteousness?
I too refused to give 15,000 pesos to an attorney, to resolve a labour case, where I owed nothing.
I knew it could cost me more later, but I had to stand up for what was just & correct, or no longer respect myself.
I am not willing to become a piece of useless dirt, just to save some money.
Yeah, it cost me big time, financially, after it finally ended up in the Supreme court.
They took everything I owned, except my car and the contents of my safe, as I slipped away with them before they could "take possession".
My friends helped me back onto my feet. Lent me things, money, gave me things, etc.
And I continue to be able to sleep well at night.
I will leave the suggestions for solutions, for the OP's problems, to you and good attorneys, but please do not toss him to the wolves.
He is simply trying to live up to his moral obligations to himself.
Your heart & soul are a bad trade, for any amount of money.
 

Malibook

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Mirador said:
Malibook, you know very little of friendship, much less about business. Caribee, neither helped his buddy nor advanced his business with his persistent foolish attitude and action.
Wow, seems you know more about me than I do.
I don't recall claiming this was a good business decision nor did Caribee.
I did not claim that he helped his buddy.
I said "try" as in giving the kid the opportunity to help himself and thus his family.
The fact that it did not work out does not nullify Caribee's good spirit and intentions.

I agree that Caribee was excessively nice and forgiving but I don't think he deserves your asinine 'advice'.:tired:
 

DominicanScotty

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On the money

Rocky said:
There are two very opposing views developing from Caribe's situation.
I would prefer to not take a side or be dragged into ugly hateful arguments.
Despite the risks, I feel compelled to say that I admire & respect any person who tries to do things the right way, REGARDLESS of the costs.
What happened to righteousness?
I too refused to give 15,000 pesos to an attorney, to resolve a labour case, where I owed nothing.
I knew it could cost me more later, but I had to stand up for what was just & correct, or no longer respect myself.
I am not willing to become a piece of useless dirt, just to save some money.
Yeah, it cost me big time, financially, after it finally ended up in the Supreme court.
They took everything I owned, except my car and the contents of my safe, as I slipped away with them before they could "take possession".
My friends helped me back onto my feet. Lent me things, money, gave me things, etc.
And I continue to be able to sleep well at night.
I will leave the suggestions for solutions, for the OP's problems, to you and good attorneys, but please do not toss him to the wolves.
He is simply trying to live up to his moral obligations to himself.
Your heart & soul are a bad trade, for any amount of money.

Marco,

Through and through I also see this man's plight and what he stands for. I agree with your post regarding this man's integrity and also wish him well without jumping into this fray. Give the man some support!

A good mutual friend of ours has had similar problems with employees that he took very very good care of. His ex-mistress, (the mafiosa that she is) has threatened his female employees with harm. About a year ago he was attacked and beaten by her "henchmen". His employees? Instead of standing by him as he has for them reeled against him instead! They ran right to the labor department and sued him for money he did not owe them and they won!

Recently, she (his ex) attacked his place of business without warning or provacation! His employees and customers were attacked as well. Her mafioso connections with the police brought the calvary to her aid within minutes and locked him up. It is a never ending story with this poor guy and he just never seems to get it that mafioso people just don't give a darn.

No matter how well you take care of some people they will just see you for an easy mark. Our mutual friend paid dearly because un-grateful people took advantage of his generous nature.


I once again wish (the OP) and our friend well!

PEACE
 
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Don Juan

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Dec 5, 2003
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Nunca falta alguien asi!

I do admire your generosity and patience with this man who, by nature, will probably never be appreciative of it.
In life, we need to try to do the right thing and help as much as we can our fellow humans. Unfortunately, there's always someone who will mistake kindness for weakness and you need to show him otherwise.
Judging by your posts, you appear to be a wealthy person with many resources at your disposal. Use them.
Fight fire with fire. He harasses you, you harass him. He threatens you with bodily harm, you do the same. Be proactive and file a criminal complain with the local authorities.
The only thing these ignorant thugs understand is force. Therefore you need to let him know who's boss and that you'll whip his butt good if he ever tries anything "funny" or comes anywhere near you or your finca.
Sometimes, whether one likes it or not, one needs to stoop down to their level and, in no uncertain way, let them know that they'll pay dearly if they come up against you. I'm sorry you have to deal with archaic, unfair Dominican laws. I will not advocate violence, but this man has threaten your very life.... Sometimes the law of the gun works best.
 

Caribee

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GringoCArlos said:
Wow! For someone who is so well off that they can maintain a staff of 11 for their home, you sure were a bonehead.

CARLOS.....Ever try butting heads with a "BONEHEAD" ?

(take a breath, and then read on, my naive friend.)

You got your shorts in a big twist over less than RD$6000.

Don't wear shorts.......................;)

By your own admission, the man worked for you for 5 months and 1 day.

OK....so he's a "domestic" as are all my workers....so I only owe 1/12 of vacation pay.

(01 September 2005 until 02 February 2006). And why in the hekk would you believe some employee of the Labor Board with an answer that is not in writing, and stamped by the Labor Board??

CARLOS.....MY MY....Are you suggesting that the top man in the Labor Board in Puerto Plata is .....hmmm.....less than honest ?......less than honorable ?

In the absence of a formal written contract, under the Labor Law you have an IMPLIED labor contract with the man. As the employer, you owed the man:

7 days of anticipation +
6 days of vacation +
6 days of cesantia +
1/12 of the Navidad bonus, (assuming that you paid his Christmas bonus in December) +
any unpaid wages since the last payday.

His average wages were $6000 a month, divided by 23.83 (as per the Labor Law) = average daily wage of RD$ 251.78

soooo....
19 days X $251.78 = RD$4,783.82 +
1/12 X $6000.oo = RD$500.00 for the Christmas bonus +
any unpaid wages PLUS

a penalty under the Labor Law, which says that you should have paid this money within 10 days of officially firing the man on 02 February 2006. This penalty says that for every day you are late, you owe him 1 days wages. That translates into another 119 days of wages (12 February 2006 to today, 11 June 2006) = another RD$29,961.82.

If you paid the man up to 02 February 2006, then at a minimum, you NOW owe him a total of RD$35,245.64.

HMMM....Carlos.....I think you forgot.....He's a "domestic"
This is my home.....I have NO BUSINESS......I produce nothing for sale !
I hired him to take care of my pets........:):cheeky:

I quote from Dr. Fabio's English version:
An Overview of Dominican Labor Law by Fabio J. Guzm?n Guzman Ariza & Asociados www.drlawyer.com

8. Domestic Workers Domestics do not benefit from many of the provisions of the Labor Code (Art. 4). Domestics are defined as workers dedicated to household chores, such as cooking and cleaning, when carried out outside of a business (Art. 258). Condominium employees are not considered domestics. Domestics are not subject to any regular work hours although every domestic must have a minimum of nine hours per day of uninterrupted rest and a weekly rest of 36 hours without interruption (Arts. 261 and 262). Domestics do not have the right to receive severance pay when dismissed. However, domestics do have the right to two weeks of paid vacation a year after their first year at work and to receive a Christmas salary as regular workers do.

In the DR, the poor guy always beats the rich guy. The laborer will NEVER lose in the Labor Court, and all you will get out of going to Labor Court is the opportunity to pay even MORE.

We'll see.......We'll see.........

Sometimes we get so pi**ed off about penny ante sh*t, that we deserve to be penalized in a manner that we will remember for future reference. IT's called 'tuition" my friend.

Carlos.....Integrity, principle, mercy, are WITHOUT PRICE....AND NEVER DESERVE TO BE "PENALIZED"

These socialistic, draconian labor laws were only brought about by the bad behavior of too many employers who thought they could get away by screwing employees when money was justifiably owed, and by the bad behavior of too many employees who tried abuse against a good employer. The Dominican labor laws aren't great, but at least the rules are down in black and white. Where was your translator for that part? Drinking coffee, instead of helping you stay out of this doo-doo?

I can read them for myself.......They don't seem so bad to me......
I especially like the "8. Domestic part" :D
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I would also file a report with the local police and maybe the Palacio de Policia about his death threats. That may work to get him out of your face, or from stalking you. He would take this seriously.

Like I said.........There are NO POLICE on the mountain.....NADA
It cost me well over RD$35,000 to get the police to come arrest the theif who stole two of my cows. He spent two nights in jail.....Now FREE! For poor people......for theives who steal from poor people....POLICE...DON'T EXIST!!
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Instead of you handling the labor situation, why in the heck don't you use your lawyer to do this work. Make him the patsy in paying the wages, hiring the employees, and firing and paying off the employees. Why do YOU need this aggravation??
Well.........Carlos.......I've been CEO of a corporation with well over 800 employees......I ALWAYS did my own hiring and firing, etc. I stand on my own two feet....on my own principles....on my own integrity......WIN OR LOOSE.....I play my own game. :cool:

Also, I doubt that the lawyer will stoop to acting like an employee's mother or father, and berating them for 30 minutes about their shortcomings. Grow up!

Carlos....I am quite "grown up"! Who said I berated ANYONE ?? My very best employee at the moment.....at one time a few months ago was coming to work drunk.....associating with this same Paulino guy.....I spent 30 minutes trying to explain to him the correct road to success and happiness in life......GUESS WHAT......He believed what I told him......He is now on his way to becomming a very successful business man. I have done this same thing for others in the past.....They are now millionaires......Simply because I "stooped".....to try to help them......I am NEVER TO PROUD....to stoop to try to help another human being......if I believe that MAYBE,,,,JUST MAYBE they are worth it.
 

Drake

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Jan 1, 2002
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Negociate with the SOB

I've had many Tigres working for me over the years who have tried every game in the book. Remember Gringos have no chance in the courts. What I would do is get a good dominican friend to negociate with this guy. But first put a police "denuncia" against him in writing and use this to settle the situation. Agree a price and then get him to sign a "finequito" and then its all over.