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  1. #1
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    Default Firing an employee inside the 3 month probationay period

    I am fully aware that anything can happen here, but I'm looking for clarification on the probationary period.

    The situation:

    I had a night guard work evenings. Within one month of working here, he had a moto accident outside of work and totally unrelated to work (he was not coming or leaving work). His brother came in to cover his shift during that period, who we paid for that period. After 2 weeks, the employee came back to work, and we continued on for another 2 weeks - still well within the 3 month period. At that point we had issue with his professionalism and let him go.

    He signed for all his pay periods, and when we let him go, we paid him an extra $10,000 RD which is equal to one month's salary. He did not at any point present any medical bills to us, and since he was not yet into the 3 month period, we didn't have him signed up officially or on official medical insurance yet.

    Now since then, (it's been over a month) the employee has returned saying we dismissed him illegally.

    Am I missing something here? Have I done something wrong? Where am I potentially liable?

    Thanks in advance

  2. #2
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    Did you register him with social security and labor board? Did you sign a contract with him? There lays the main difference if you are liable for anything. If you employed him without registering him what ever he says is right and it can get expensive for you.

  3. #3
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    Quote Originally Posted by Taylor View Post
    I am fully aware that anything can happen here, but I'm looking for clarification on the probationary period.

    The situation:

    I had a night guard work evenings. Within one month of working here, he had a moto accident outside of work and totally unrelated to work (he was not coming or leaving work). His brother came in to cover his shift during that period, who we paid for that period. After 2 weeks, the employee came back to work, and we continued on for another 2 weeks - still well within the 3 month period. At that point we had issue with his professionalism and let him go.

    He signed for all his pay periods, and when we let him go, we paid him an extra $10,000 RD which is equal to one month's salary. He did not at any point present any medical bills to us, and since he was not yet into the 3 month period, we didn't have him signed up officially or on official medical insurance yet.

    Now since then, (it's been over a month) the employee has returned saying we dismissed him illegally.

    Am I missing something here? Have I done something wrong? Where am I potentially liable?

    Thanks in advance
    Tell him to go screw himself. You shouldn't even have paid him the extra 10G's.

  4. Likes Taylor, Rattus_Rattus, waytogo liked this post
  5. #4
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    Quote Originally Posted by Eddy View Post
    Tell him to go screw himself. You shouldn't even have paid him the extra 10G's.
    Paying the extra money may have encouraged him to try for more.

    Be aware that you may get taken to court (especially since you are a "rich" gringo). There are lots of labor lawyers looking for work. They take anybody, even if they know there is little chance, try for big bucks and take a percentage of what ever is awarded. There will be a laundry list of claims.

  6. #5
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    Quote Originally Posted by Ken View Post
    Paying the extra money may have encouraged him to try for more.

    Be aware that you may get taken to court (especially since you are a "rich" gringo). There are lots of labor lawyers looking for work. They take anybody, even if they know there is little chance, try for big bucks and take a percentage of what ever is awarded. There will be a laundry list of claims.
    Unfortunately Ken is right. Dominican employees have been spoiled by the recent overgenerous employers. They have yet to learn that kindness and generosity is, in most cases interpreted as weakness and stupidity. (I myself have learned that over the years). What it gets you is people continuously trying to take advantage of you. Follow the guidelines set forth by the labor dept. and you won’t have any problems. Don’t give anything more than what they have coming to them. Be firm but fair. Don’t worry about threats of them going to Sec. de Trabajo. Most of the time they are bluffing. The rare occasion that you go, if you played by the book, you will win. Been there, done that and never lost.

  7. #6
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    The error you made was in giving him a lump sum when he left. By Labor Code he was only entitled to pro-rata payment of Christmas pay (1/12th his salary received this year to date). You never indicated that was part of the money given him. He might open a Labor Board case and demand it. If the Board finds you failed to pay him the Christmas money (or if you are a business his profit sharing), you may be ordered to pay it PLUS HIS REGULAR SALARY FROM DATE OF DISMISSAL UNTIL DATE THE BOARD RULES. Get a lawyer to work out a release from him ASAP.

  8. #7
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    Quote Originally Posted by belmont View Post
    The error you made was in giving him a lump sum when he left. By Labor Code he was only entitled to pro-rata payment of Christmas pay (1/12th his salary received this year to date). You never indicated that was part of the money given him. He might open a Labor Board case and demand it. If the Board finds you failed to pay him the Christmas money (or if you are a business his profit sharing), you may be ordered to pay it PLUS HIS REGULAR SALARY FROM DATE OF DISMISSAL UNTIL DATE THE BOARD RULES. Get a lawyer to work out a release from him ASAP.
    Naw. I doubt the the Labour Board will even consider even listening to the employee. Why waste time and money.

  9. #8
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    Very simple for the lawyers hanging outside the Labor Department to file it. They all work on contingency and hope the employer fights it. As I said, if they file and are awarded anything, they are also entitled to regular salary from date of dismissal until Labor Boards concluding hearing. These lawyers will let the clock run so that a few thousand peso case becomes tens of thousands. It doesn't pay not to settle quickly.

  10. #9
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    Did he bring a signed / stamped paper from the local labor office for his liquidation with an amount owed?.

    If yes, or more importantly not, go to the labor office yourself tomorrow!, tell them how many days he was employed, tell them his salary, his name/cedula # and tell them you have let him go and they will do all the math regarding liquidation / vacaciones etc.

    You will get a paper stamped from the office. This is what you owe him, period!.

    If you got him to sign off on the 10k you gave him like he signed off all the other payments you will come out with minimal damage.

    You must go to the labor office your self, the sooner the better. Good Luck!

  11. #10
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    Quote Originally Posted by CG View Post
    .

    You must go to the labor office your self, the sooner the better. Good Luck!
    I agree. Find out from the labor office where you stand, not from your ex-employee

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