Pay For An Emplyee Who Quits

Crane

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Apr 2, 2006
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Hi,
I was wondering whether you have to pay an employee who quits working for you? We have had a Dominican gardener for two years now, and he informed me this morning that he will no longer be working for me as of next Monday. Is it the same as when you fire or let an employee go? Is there severance pay involved?Any help would be greatly appreciated.

Crane
 

Rocky

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Apr 4, 2002
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Hi,
I was wondering whether you have to pay an employee who quits working for you? We have had a Dominican gardener for two years now, and he informed me this morning that he will no longer be working for me as of next Monday. Is it the same as when you fire or let an employee go? Is there severance pay involved?Any help would be greatly appreciated.

Crane
It's arguable if gardeners could even be eligible for "liquidacion" at the best of times, as they may be considered domestic help.
Regardless, he would not be eligible if he quit, but he would be due his vacation pay, regalia pascuale and salaries due.
 

Hillbilly

Moderator
Jan 1, 2002
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Give him something, have him sign a paper and that's it. Gardeners are household help and not part of normal labor process...but check with labor office, they get funny about this. Think they can get money out of you they will...see a labor lawyer if you feel you are being taken.

HB
 

Bob K

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Aug 16, 2004
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We recently fired a gardener and consulted our lawyer (she is also a good friend). Her opinion was that we probably did not owe liquidation pay. However he was threatening to go to court. We probably would have won our case, but spent time and money.So she met with him and settled on an amount that was about 1/2 and had him sign the papers.

Bob K
 

Rocky

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Apr 4, 2002
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We recently fired a gardener and consulted our lawyer (she is also a good friend). Her opinion was that we probably did not owe liquidation pay. However he was threatening to go to court. We probably would have won our case, but spent time and money.So she met with him and settled on an amount that was about 1/2 and had him sign the papers.

Bob K
Seems like a wise move, but your scenario is quite different in that the OP did not fire the gardener. He quit.
 

Rocky

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even when they quit you have to pay the liquidation, not as much as if you fire him or here, only when is less as 3 months you don't have to pay.
the employee or you can get a calculation at the city office.
you better pay as going to court, that will cost you a lot more, even when you win.
WTF are you talking about?
That is incorrect information and could lead someone into costly error.
Kindly check your info first, or at least say, "I think".....
 

LaTeacher

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May 2, 2008
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you can find the laws pertaining to domestic help at the website for the secretaria de trabajo. it's pretty well laid out and there's a page of FAQs that address your exact questions.
 

sweetdbt

Bronze
Sep 17, 2004
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Actually, I think the OP can consider himself fortunate that his gardener is resigning. It is common practice for an employee who wants to move on to simply start doing a terrible job until they are fired, assuring they will get the liquidacion.
 

Conchman

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Jul 3, 2002
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Actually, I think the OP can consider himself fortunate that his gardener is resigning. It is common practice for an employee who wants to move on to simply start doing a terrible job until they are fired, assuring they will get the liquidacion.


this is very common now, after a few years employees will want to get fired in order to get the liquidation. They are usually 'forced' into this because of high interest loans they get themselves into. I can tell you its almost impossible to fire a bad employee without termination, even if you have the labour dept. on your side, you will get sued and lose. At least in the banana courts of the north coast.
 
Aug 21, 2007
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this is very common now, after a few years employees will want to get fired in order to get the liquidation. They are usually 'forced' into this because of high interest loans they get themselves into. I can tell you its almost impossible to fire a bad employee without termination, even if you have the labour dept. on your side, you will get sued and lose. At least in the banana courts of the north coast.


I agree. I was advised to simply pay the liquidation and be rid of my gardener. It was expensive, but far less than I probably would have paid financially and emotionally by the time my lawyer went through the timely legal (?) process.

Now that I am rid of the gardener, I am free to be my own person again, (not to be angry every day at the haphazard, incomplete, incorrect work) to start over and keep looking until I find the right person.