Help! Anyone been taken to court for (falsely) firing a worker?

My ex-gardener, who had worked for me for over 3 years, quit his job on my property recently, by just not showing up to work. He is scheduled for 2 part days per week, and throughout November and December, only showed up once or twice per month, never calling to give reason either before or after. He was paid his aguinalda & vacation pay before Christmas as always, then stopped coming altogether. He still has a couple of days wages owed but has refused to come collect them, and is claiming we are withholding his pay and that he has been unjustly fired.

We have always been more than fair to him, he is well paid (50p hourly, he got to set his own days & hours, I never complained about his constant smoke breaks & cell chats on my time. He had keys to my property, was always trusted but no more. His once- good work habits went bad fast just prior to his no-shows.

I have contacted a local legal specialist but he does not respond to my emails, I am wondering if my gardener has hired him as his representative... yet he has handled my immigration, etc for past couple of years so I am an existing client, not sure he could represent my ex-gardener as would that not be a conflict of interest?

Anyways, just discovered ex-gardener has now lawyered up and is taking me to court in Guad over this!! My worst nightmare now being realized! What do I do now?

Contact Spencer (Intercasa). He handles this sort of stuff

Mainecoons wrote:Contact Spencer (Intercasa).  He handles this sort of stuff

Yes, do so and quickly.  We had a problem back in SMA where the maid went to the Labor Board, claiming she had been working for us for over a YEAR BEFORE the house was even built.  And so on.  The laws are very much in favor of the employee, no matter what the situation.

In the future, I suggest you have a contract drawn up and signed by the employee before you hire anyone. Verbal agreements are worth the paper they aren't written on.

Spencer for sure; run don't walk.

You still will probably lose some $$ but probably less w/Spencer representing you.

The only way to win is through compromise.

If I remember correctly the former owner of Adelitas, then called Dianes, had a problem with an employee who did not show up for work and could not be contacted by the restaurant owner to find out if she was coming back. It seems like some several years later Diane was contacted by the labor board and taken to court as the employee claimed she was unjustly fired. End result was that Diane was ordered to pay back pay to the employee to the tune of some Twenty Five Thousand dollars. Diane had to close her restaurant and she moved back to the States. Not only did she lose her restaurant, all of her employees lost their jobs when when she closed. Maybe someone who remembers this happening can set the record straight of what happened as it was quite awhile ago and I may have some of my facts wrong. Be careful with employees, the labor laws in Mexico favor the employees big time.

I have fired 2 maids with very little severance due to just cause and never had a problem. Even had one sign a blank receipt so I could fill in whatever amount I wanted, she fell for that.

I remember Diana's restaurant, and that's the way I remember the story as well. It was wrong, and I always thought the employee had some official in her pocket. It was a very good restaurant.

Rony the Belgian chocolate maker had a similar story when he had his little restaurant, he posts here from time to time, maybe he'll tell his story.

If an employee fails to show up for work, or quits, the employer should go to the labor board immediately and file notice of that fact. It can save a lot of heartache and expense later.

that's too late for milena

Thank you, RV. That is good advice to help others from falling into the situation Milena finds herself in.

Very true, Pedro, but a “heads up“ for others who may run into a similar situation.

true rv, and spencer knows a lot about this kind of thing so i would recommend his counsel as well.

You might also look under 'looking for skilled tradesman' for possible labor attorneys, with the suggestion of checking first with Spencer for an opinion. What becomes important in finding an attorney is that they won't take your retainer and then do 'nothing.' That happens a lot around here and Spencer may be able to help sort out who is reliable and who is not.

Also, under looking for skilled tradesman, someone posted what the similar thread is on TOB for looking for skilled tradesman.

RVGRINGO wrote:If an employee fails to show up for work, or quits, the employer should go to the labor board immediately and file notice of that fact. It can save a lot of heartache and expense later.

Also take two witnesses (neighbors, other employees),  that will testify to the fact that the employee didn't show up for work for three  successive work days, or in some other way notified the patron that they were unable to perform their duties. That usually makes your dismissal without severance airtight.

slainte39 wrote:

RVGRINGO wrote:If an employee fails to show up for work, or quits, the employer should go to the labor board immediately and file notice of that fact. It can save a lot of heartache and expense later.

Also take two witnesses (neighbors, other employees),  that will testify to the fact that the employee didn't show up for work for three  successive work days, or in some other way notified the patron that they were unable to perform their duties. That usually makes your dismissal without severance airtight.

The housekeeper has been quite vocal about how he had been slacking, refusing to do his appointed tasks, etc. She would be an excellent witness but for one small detail... she knows his family & vice versa since her sister lives next door to him in small town San Juan Cosala. She would not step forward as a witness and speak out against him for fear of reprisal, because of this, I would not even ask her.

Right now, Spencer is looking into this, but the gardener is hard to pin down & not cooperative. He is bound & determined to squeeze money out of me under false accusations. I suspect it is because he is getting on (looks to be at least 60!) and a heavy smoker, has decided physical labor is too much for him and this is his idea of a cushy pension plan.

If you cannot back up your claim, he may win. I hope Spencer can help.

What is the name of your gardener? This will be helpful for other people. They can avoid him if he looks for additional work. Good luck with Spencer and do not worry.

The above is exactly why I do not hire any workers/maids/gardeners on a regular basis. I have their name/phone # and call as needed.

I second the advice of immediately going to the labor board; but giving someone hindsight doesn't help them but as said, we should all learn from the experiences of others.

I also feel that these cases are the exception rather than the rule; I know too many hard working, honest, trustworthy workers in the area that I would have work for me again.

If you are still looking for dependable help... give me a call... we have a father/son team that are reliable and honest.

mexicobear wrote:What is the name of your gardener? This will be helpful for other people. They can avoid him if he looks for additional work. Good luck with Spencer and do not worry.

Sorry if I am a bit hesitant to post his name, even though I may fully be in my right, if he were to find out, he might seek retribution.... after all, he knows where I live, and any weak points in my properties perimeter defenses. Although he seemed a nice guy when hired, he has since proved to be a cutthroat and a criminal, out to rip off innocent people. You can PM me for his name, even have his photo.