Liquidation

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SkyBlues

Member
Apr 8, 2011
114
17
18
I needed help on a job 3 years ago so I asked a friend to help me. We were paid at the end of the day by the client infront of each other. He was paid the same as me. We worked together again last month but now we are no longer friends. Since I found the work can he take me to workers union for liquidation. Is there a timeframe where he can apply? Maybe 6 months or is it indefinate?
If I am correct liquidation will start from 3years ago to today, 4 jobs in total and I did not pay him.
FYI I am gringo he is dominican.
 
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Birdman

Active member
Jan 29, 2013
239
33
28
I had to go to liquidacion about an illegal Haitian who had worked sporadically for the company. The woman said that it was very simple - you take the first date and the last date and calculate everything in between those dates. The boss was furious - it was so illogical.
 
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TropicalPaul

Bronze
Sep 3, 2013
1,366
614
113
If he wants to sue you for liquidation, he is going to have to prove that you were his employer. So he is going to need papers to prove this. Assuming that he can't provide anything which shows that you did employ him, you "should" be OK. I got sued by a plumber who had worked on a construction I owned for a month, but he lost because he had absolutely no proof he was employed. Having said this, if he decides to sue you for the liquidation, you are going to need to get a lawyer to defend you. It cost me RD$20,000 to defend the case, so if he shows signs that he is going to do this, you may be better to try and negotiate some sort of deal with him.
 
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Birdman

Active member
Jan 29, 2013
239
33
28
How could he sue you if he was employed for less than 3 months?

TropicalPaul said:
If he wants to sue you for liquidation, he is going to have to prove that you were his employer. So he is going to need papers to prove this. Assuming that he can't provide anything which shows that you did employ him, you "should" be OK. I got sued by a plumber who had worked on a construction I owned for a month, but he lost because he had absolutely no proof he was employed. Having said this, if he decides to sue you for the liquidation, you are going to need to get a lawyer to defend you. It cost me RD$20,000 to defend the case, so if he shows signs that he is going to do this, you may be better to try and negotiate some sort of deal with him.
Click to expand...
 
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Olly

Bronze
Mar 12, 2007
1,914
104
63
Blue Skies,
this is a common approach to "screw" more money out of a situation. From what you say you did not employ him originaly as he was paid by some one else.
On the more recent stuff I am no so sure! There is an extensive thread on this and we will try to find it and post it here.

This apporach has even been used by a " north american worker" for a volunteer organisation to get over $1000 out of a charity !

Got to be careful these days!

Olly and the Team
 
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Mauricio

Gold
Nov 18, 2002
5,607
7
38
Pay the guy???

If all gringos start behaving as pushovers like that, we are up for more abuse. Of course you don't pay him.

According to the OP this was a job for a third person of which two independent workers were paid, by the third party....

The moment he asks you for liquidation I'd go to the secretario de trabajo if I were you and ask for a ruling for him to give YOU liquidation.
 
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Ken

Platinum
Jan 1, 2002
13,884
495
83
Do you have any reason to think he is going to make a claim against you?

Why would he think you are the employer? You said the first time the person the work was being done for paid you both at the end of the job. Is this the way payment has been handled the times you worked together more recently?

People who have not had any experience with labor issues in the DR would not be so quick to tell you not to settle with the guy if he does make a claim.

If he makes a claim, you should first evaluate the strength of your position. You can talk with the people in the labor office to see what they say.

But either way, keep the negotiated settlement open. If you are going to settle, best to do it before he gets and attorney

The way it works in the DR, the person who believes he is owed money can easily get an attorney. It will cost him nothing, the lawyer works for a percentage of the award. You won't be sued for a small amount, it will be a very large amount. The bigger the award, the more money the guy's attorney will get. You will be amazed at all the things on the list

You will have to have your own labor lawyer to handle your case.

If the court rules against the guy, he can appeal. This means continued attorney fees.

While this goes on, nothing is coming out of the pocket of the guy suing you. You are paying to defend yourself, he is paying nothing until there is an award, and then his attorney pockets about 1/3.

If you are just worried but have no real reason to worry, you should put it out of your mind, wait and see. If you have eason to believe he will sue, then i would start looking for a labor lawyer to defend you if needed.
 
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william webster

Platinum
Jan 16, 2009
30,247
4,330
113
do not lose sight of the fact that RD is VERY employee biased.

In the event of a tie -- the employees wins
If the game is 2-1 for the employer - the employee may still win

Avoid litigation..... if , in fact, you are headed for litigation.... you may not be
 
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SkyBlues

Member
Apr 8, 2011
114
17
18
Thanks Ken (and everyone else) that explains a lot. We were paid by client together with the odd time when I met client later on in the day because he had no change and so I paid my friend at his home. We are no longer friends that's the only reason why he might try something like this because he knows there is no more work. I just found out that had won liquidation from another gringo so that seems to be his MO.
 
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windeguy

Platinum
Jul 10, 2004
42,211
5,969
113
If you were not his employer you don't owe him anything. Not sure why everyone is not seeing that.
 
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Domdream

New member
Jul 26, 2014
204
0
0
windeguy said:
If you were not his employer you don't owe him anything. Not sure why everyone is not seeing that.
Click to expand...

I agree, you were both working for the same person.If he has a claim its with that individual and not you.Its amazing the crap people try to pull here.
 
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Criss Colon

Platinum
Jan 2, 2002
21,843
191
0
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yahoomail.com
In cases like this, a Dominican will ?Throw Anything he has Against The Wall?, to see if ANYTHING Sticks!
It's not like they don't have the free time!!!!
Have you ever been behind a Dominicano at a Cash Machine while he TRIED to withdraw money from an account with no funds????
He just keeps TRYING, over & over!!!!
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