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  1. #1
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    Question I'm new here and I need legal help.

    Hi! I'm Michael and I've living here for almost 3 years. I used to have a job and now I just got fired and there something that I don't understand about the letter my ex-employer just gave me. It says "... usted ha violado el aritculo 39, el ordinal 2 del articulo 45 y el ordinal 3 del articulo 88 del Codigo de Trabajo de la Republica Dominicana." My girlfriend just told me what it means and that's wrong, I always did a really good job, I never was late, never did fraud and I don't even have I weapon!.


    The thing is... I came to work this morning and the security guard stopped me in the front door and wouldn't let me in because I didn't have my ID badge, I don't speak Spanish at all. I tried the way I could to tell him "Esta en mi locker" but he didn't let me in anyway. Someone else came to the door and I told him to say to the security guard that my ID was in my locker so he let me in and this afternoon they fired me because the security guard told HR that I was violent against him. I explain them the situation the way it happens and that other guy including my supervisor let their ID in the lockers but they told me that the security guard had the last word because he is in charge of the security of the building and the have to enforce the rules.

  2. #2
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    A lot of that is bull ****. You go to the Labor Ministry and file a claim. They need to pay you your separation package...


    See Guzman the lawyers so that they can do some of this.


    HB

    Moderator DR1.com

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  4. #3
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    If they let you go that easy it could be that they did not like you, you did not fit in, someone could have been scared that you could take their job, or you did not do a great job...

    I would think that your boss would have talked to you face to face and then send a letter.

  5. #4
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    I agree. There is much more to this than appears on the face. Someone with authority did not lke you. Follow HBs advice and you will get your separation money without a fuss.

  6. #5
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    The employer must have your severence money available to you within 10 days. Failure to do so will require them to pay your full salary from the date of termination until date liquidation is paid. This additional salary will also be included in the liquidation calculation. This is very clerly spelled out in the Code. If they ignore paying your liquidation, most times your lawyer will let theclock run awhile as the additional amounts due grow drasticaly.

  7. #6
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    Just go to the labor ministry

    this is the calculator for what is due to you

    :: Cálculo de Prestaciones Laborales ::

    if they pay significantly less (e.g. more than 10% difference) go and file a claim with the labor ministry, you are (now saying this as employer - unfortunately) most likely to win EVEN if you were always late, had a gun, hit the guard and said **** you in boss's face

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  9. #7
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    Apparently you were terminated for cause (violation of artlcle such and such, etc.), meaning you do not have the right to severance pay. If you believe, as it seems, that the cause alleged is unjustified. you should sue your employer to obtain your severance pay and damages (if applicable).

    Consult wih a labor lawyer.
    Last edited by Fabio J. Guzman; 05-03-2012 at 06:01 PM.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  10. #8
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    cool_mss, a labor lawyer will be happy to take your case, I'm sure, and will sue for a lot more than you might now think. Generally they work for a percentage of whatever the judgement against the employer is.

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