ADDING Housing for an employee........?? Question

POP Bad Boy

Bronze
Jun 27, 2004
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We have an employee that has worked for me for more than 7 years. He is single and moves from place to place.

We have property across the street from the main house that really isn't protected by the watchmen with a garage and an apartment that we just finished above it.

We'd like to let this employee live there without making it a part of his employment etc so as to not have problems with an "increase" in his pay for Christmas bonus, labor dept etc......

I thought that some time ago I read on DR1 something about how someone should either make it part of their salary or NOT part of their salary and I can't seem to find the thread.....

Bottom line is we want to let him live there for free (in effect being a watchman of the property just by having someone live their at night) in addition to his regular duties....but don't want to be tied down to being obligated to have him permanently live there, have any "rights" to the property, or any "renters" rights????

ANY SUGGESTIONS on how to handle this or what type of an agreement would work??
 

Ringo

On Vacation!
Mar 6, 2003
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Perhaps a lawyer needs to help you. As I remember, there is a DR1 thread with employee rights, so you can try a search.

We have a live-in. We furnished the room, has a bath and kitchen area. We provide the elec, water, gas, stove, refer, etc. We have never said that he is a night watchman. In fact, we made it clear that he works from 7AM to 5PM with 1 hour off for lunch, 5 days per week. On his days/time off, he can stay or leave as he wishes. When off, we do not expect and very rarely ask him to do anything. He, ON HIS OWN has acted as the night watch and helps after hours.

If you say that his now the night watch, you will be asking him to work extra shifts that will be illegal and set yourself up for possible trouble.

If you provide living quarters and say that it replaces pay, you have set a monetary value that may be added to future pay raises, bonus' and termination/separation pay.

Once you "give", it is almost impossible to "get back". IF you take away his room, most likely his will want another; and things may get messy.

Good luck, Ringo
 

reese_in_va

New member
Feb 22, 2007
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I agree with Ringo, a lawyer should advise you of what to do and what not to do.
We have been in the same similiar situation, with an extra house on the property.
The problem that we ran into (as isn't this typical?) is the worker acted "ON HIS OWN", and did things above and beyond what we asked him to do. Of course at the time my attitude was "heck, if he wants to do it, let him....less I have to do". This was my mistake, because then the worker THOUGHT that he was on the clock, THOUGHT that he was more than just a watchman, THOUGHT that he deserved more money, even after several discussions and explaining to him that he was doing these chores per his own choice. He said he understood...claro, claro, claro
When it came time that he decided to leave and go back home with his family, he wanted to talk liquidation. No problem, were fair, reasonable, honest people. We could give him a little something for all his help over the years.
Technically, because he was "domestic" help, he does not get liquidation.
But, he THOUGHT he was fulltime caretaker, fulltime watchman, fulltime horseman, fulltime KING of the finca.
He refused our generous offer and then decided to play tough. He wouldn't leave.
Finally to make a long story short. We are still in court battling this over. It has been half a dozen continuances, for new papers to be presented (??) and BS like that. Our lawyer say's no problem he doesn't stand a chance, he should have taken your nice offer. That was 6 months ago.
Good luck on your watchman, maybe get something in writing?
Words don't seem to work, not for us anyway's.