I'm new here and I need legal help.

cool_mss

New member
Apr 12, 2012
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0
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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.
 

Hillbilly

Moderator
Jan 1, 2002
18,948
514
113
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
 

xwill

New member
Dec 2, 2011
324
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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.
 

zoomzx11

Gold
Jan 21, 2006
8,367
842
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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.
 

belmont

Bronze
Oct 9, 2009
1,536
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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.
 
Feb 7, 2007
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Just go to the labor ministry

this is the calculator for what is due to you

:: C?lculo 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
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
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www.drlawyer.com
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:

Ken

Platinum
Jan 1, 2002
13,884
495
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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.