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Conchman

Conchman

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We are being sued by a lawyer on behalf of some ex-employees for severance pay and overtime, even though the ex-employees have no knowledge of this, nor does the lawyer have a power of attorney from them. In addition, we have releases from those ex-employees giving up claims and acknowleding that they received the severance pay.

The same lawyer did this several years ago with an ex-employee. He did this via forging a signature. We won that case, but that this crap has to go to trial is just insane.

Now I have to get the employee to show up at court (one of them is out of the country), to prove to the judge that this guy is not suing us.

In both cases we have signed releases from the ex-employees when they were paid their severance pay.

Last time we asked if we could not get this guy disbarred or sue him for fraud, our lawyers just laughed. The Bar association here is worse than a sick joke, because I can laugh at a sick joke.

I have more respect for a purse-snatching thief than this human piece of smegma scum.
 
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Yayow

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How??

Just curious?? How does this lawyer seem to know so much about your business practices, and your ex-employees....especially considering that they don't seem to be the ones that contacted this individual.

Plus you say he has done this once before, what is your connection or your business connection with this attorney.

Does he have some personal axe to grind??

Sorry if these questions are too personal (and if you choose not to respond to them, I totally understand), but it does seem odd, that he knows so much about your business.
 
Conchman

Conchman

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Good observation. The first time, the ex-employee was in contact with this lawyer but did not want to sue. Once the employee left the country, the lawyer took it upon himself to sue us.

In the current case, the incident (unrelated to their employement, however) that lead to the termination of the two employees was highly publicized and many lawyers contacted the employees to sue us. Mr. Smegma lawyer probably got enough information to file the frivolous lawsuit this way.

Our company is a foreign owned company in a small town. News travels lightly here. I guess we are just natural targets for bottom feeding smegma warriors.
 
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Celt202

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Conchman said:
Good observation. The first time, the ex-employee was in contact with this lawyer but did not want to sue. Once the employee left the country, the lawyer took it upon himself to sue us.

In the current case, the incident (unrelated to their employement, however) that lead to the termination of the two employees was highly publicized and many lawyers contacted the employees to sue us. Mr. Smegma lawyer probably got enough information to file the frivolous lawsuit this way.

Our company is a foreign owned company in a small town. News travels lightly here. I guess we are just natural targets for bottom feeding smegma warriors.
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Down the road after the lawsuit has been dismissed if you run into the lawyer ask him with a big grin "C?mo va la zafaconando?" It will rattle around his brain for years.
 
Robert

Robert

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Post the lawyers name here. I'm sure he would enjoy that, plus help others to avoid this obvious scum bag.
 
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Yayow

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I understand a little bit more.

Thanks for sharing that bit of info.

Again without knowing the type of business (pay scales etc.), and going with the assumption that it is a frivolous and fraudulently based litigation. Isn't severance pay based on how long the employees worked for you and therefore somewhat limited as far as compensation goes, and as far as overtime, I am sure you have books; to show what if any that amount maybe and whether or not it was paid.

Now having said this, would it be cheaper to settle than to go through litigation, unless you are tying to set an example or trying to discourage future litigation along a similar vein.
 
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Expat13

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Yayow said:
Thanks for sharing that bit of info.

Again without knowing the type of business (pay scales etc.), and going with the assumption that it is a frivolous and fraudulently based litigation. Isn't severance pay based on how long the employees worked for you and therefore somewhat limited as far as compensation goes, and as far as overtime, I am sure you have books; to show what if any that amount maybe and whether or not it was paid.

Now having said this, would it be cheaper to settle than to go through litigation, unless you are tying to set an example or trying to discourage future litigation along a similar vein.
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I would imagine that is exactly what motivates the scum lawyers like this. Make an example of him and take Roberts advice and post his information so others beware.
 
Hillbilly

Hillbilly

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Conchman: Zafaconando = garbage bucket scraping or digging around in garbage pits....

HB
 
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Celt202

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Conchman said:
Not quite sure what that means, something about wasting time?
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The vira latas (stray dogs) overturn zafacones (garbage cans) and root around in the garbage to find food.

You'd be calling him a desperate bottom feeder. One thing clowns like that lawyer can't stand is to be laughed at.
 
Conchman

Conchman

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I am thinking about posting the name, but last time I posted a corrupt prosecutors name, I was threatened with a 'public' investigation into a 'porn' room at my establishment and allegations of money laundering.

I almost agreed since I wanted to know where these rooms are.

Oh, I would have much more respect for a garbage rat, than for this guy.

Let me think about putting his name here.
 
Conchman

Conchman

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Apparently, this guy has done the same with 15 employees from one project in Sosua alone.

He claims to have 'Verbal Power of Attorney' from his clients.

Unbelievable, that this guy is allowed to make a mockery of the legal system like this. He is a disgrace to his profession, a disgrace as a human being, and takes being a smegma scumbag to new heights. I would not feel bad vomitting on this guy.
 
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Chip

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Yayow said:
Now having said this, would it be cheaper to settle than to go through litigation, unless you are tying to set an example or trying to discourage future litigation along a similar vein.
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This is exactly what this lawyer is depending on. In the end, it will make monetary sense to litigate it and win.
 
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Chip

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I think you have a case here to have the lawyer jailed for forging a signature. It always helps to get to know your local fiscal too. Free tickets once and a while to the show, gifts of JW might be worth the while.
 
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tflea

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Unfortuntely there are many more lawyers like this one here, rather than the good ones. It's like quasi-legal blackmail, and happens often with foreigners. This guy may even be considered 'successful' in his own circle of similar vultures if he wins a few of these cases. The legal system and all those it involves has turned away a host of would-be residents and/or investors, and for damn good reason. It really is a shame, and disgusting. Good luck Conchman. Give 'em hell.
 
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Lambada

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Conchman said:
Let me think about putting his name here.
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Take your time. You might want to dig some more & get 'stuff' on him, you might even want to begin a semi-frivolous lawsuit against him, or maybe not so semi. Ruining your good name as a good employer of lots of people would be......defamacion injuria I believe.

What you don't want is to force him into coalition with those pesky taxistas who keep having a go & who aren't above a bit of corporal recrimination. Nor do you want one of his other disgruntled victims (in Sosua) to seek more 'immediate justice' & you get blamed for it. Nor do you want the upshot if he has some thug friends.
 
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Fabio J. Guzman

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Conchman, you could get this lawyer disbarred.

You don't have to go through the Colegio Dominicano de Abogados. You could go directly to the Supreme Court in order to have his "exequatur" (license) revoked or suspended. Just last week 3 lawyers (notaries) were disbarred for a lot less.
 
Conchman

Conchman

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update:

My labor lawyer says that in labor court, the lawyer is not required to show proof of Power of Attorney, at least not in the first hearing. So thats how he keeps getting away with filing these suits. In the trial itself of course, you can bring this up.

What irks me is that these cases keep having to go to trial, when they really should be thrown out at the first hearing. We have the first hearing in the 2nd case tomorrow, we will show the signed discharge from the ex-employees and this should be enough to stop the case from going to trial, my labor lawyer says we will not have to bring up the issue of the POA, he will ask the guy privately. Of course, my labor lawyer is the former teacher of the lawyer in question, and probably does not want to embarrass his former student in court. These guys always stick together.

The labor lawyer also says that you cannot petition the Supreme Court directly, for sanctions or discplinary actions against the lawyer, that you have to file with the "Lawyer College", (forgot the spanish name for this) and they can recommend discplinary action with the Supreme Court.

This kind of contradicts what Fabio Guzman was saying, with regards to petitioning the Supreme Court directly.
 
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