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Thread: Work issues

  1. #1
    Ama
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    Exclamation Work issues

    I work as a teacher in one of the private schools in Puerto Plata.
    Ongoing financial problems are the reason that teachers are paid late or not paid at all! In result quite few Dominican teachers already left being not paid for several months (finding at the end that the health insurance paid by them monthly was never purchased by school and their savings that school was taking care of are gone too)...of course they left without a penny.
    I'm waiting for my paychecks since January.
    Right now school owes me 85.000ps.!!! This is my only income.
    Tried to talk to the director of the school but all what I was getting were silly excuses, empty promises and bounced checks.Being older and with hart problem it is very difficult for me to deal with all of this.Right now I'm on sick leave until April 12. - fighting high blood pressure and depression.
    I strongly believe the school will be closed for good at the end of this year and the director is doing everything to save herself some money.
    The worker from Work Office in PP, recommended to find a labor lawyer. It should take less time for him to solve this problems.

    What should I do,please HELP !
    Thank you
    Ama

  2. #2
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    Absolutely find a labor lawyer. Not only will the Labor Board order back pay and liquidation be paid, but in the DR failure to pay salary as directed can result in jail. The Labor Code is applied equally to all employees, with no regard to citizenship. I can guarantee the Dominican employees who had not been paid already filed claims for pay and liquidation.

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    "bounced check"??? That is a jailable offense. Take the bounced check to the Fiscal and file a complaint. They will have to pay you maybe double or face jail...Take a lawyer for 30%....

    That is a major No-No...

    Good Luck. Just another reason to be cautious...

    HB

    Moderator DR1.com

  4. #4
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    Here is a good summary of the Labor Code in English. Most times lawyers will take labor cases on contingency and the Board will award legal fees if the employer was purposful in his violations.
    http://docs.google.com/viewer?a=v&q=...E9kDx6z1QZcgKg

  5. #5
    Ama
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    Thank you guys so much!Is there a name you could recommend?
    Should I go to Fiscal or live all of it to the lawyer?

    Anybody know how to get hold of Mr.Guzman...I would like to get his opinion too....
    A

  6. #6
    Ken
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    Quote Originally Posted by Ama View Post
    Thank you guys so much!Is there a name you could recommend?
    Should I go to Fiscal or live all of it to the lawyer?

    Anybody know how to get hold of Mr.Guzman...I would like to get his opinion too....
    Fabio answers questions in this thread, however, lately I have noticed he has done so less frequently than in the past. He is no longer active day to day in the law firm but is busy writing books on the Dominican Constitution and law.

    You can contact his firm and talk with a lawyer there. Guzman Ariza Law Firm in the Dominican Republic There is a contact us link on the website. If you click on it you get a form where you can explain your problem. I do not think you are charged for the first response, but will be if you decide to continue with them. They have an overview of the Dominican Labor law in English on their website that you may want to read: http://www.drlawyer.com/publications...labor-law.html

    The condominium where I live has used a labor lawyer for an employee issue in the past. If you would like, I can get his name. Best with him, however, if you speak at least fair Spanish.

    As has been mentioned previously, labor lawyers (I am not including the Guzman firm which does labor law as one of their practice areas) generally take the case for a percentage, 25% I believe, of whatever they win. When they present your case to the court, you can be sure they will go after more than just back salary.

  7. #7
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    You seem to have a very good case, legally speaking. Unpaid salaries and unpaid insurance not only give you the right to terminate your labor contract (dimisión in Spanish) and obtain severance pay, but also to file a criminal complaint against your employer.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  8. #8
    Ama
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    Well,went to the Firm...and left with mix feelings. Instead of a lawyer specializing in Labor Law I was dealing wit one specializing in real Estate...why,no idea.....Didn't get to much information or advice regarding my matter..I expected to be presented with some options (in favor for me)...instead left with info how much I have to pay .
    I was told that possibly this same day or the latest- Monday I would receive a letter stating all the fees...was waiting patiently..by the end of Monday there was no e-mail and no phone call...VOW!!
    On Tuesday after 10am called the Firm...talked to the lawyer and was told that I will receive the e-mail before noon....no "I'm sorry', no explanation...nothing.....
    Waiting again...after 1pm called again..."She is in the meeting...she will call you"....waiting again!! At 5pm called the office again...upset....answer - "she is in the meeting"....Since 12 ? - I asked...."that's the different one"....At this point, very upset, I told secretary that maybe I should deal with a different lawyer...and the conversation was over.
    Half an hour later got an email...still no phone call.
    As a potential client who would pay a lot of money for their services...I am very disappointed....looks like as a client I do not matter to them.....
    Now the time is running out ( Have 1 day to make a decision )and I am in the same place as I was before visiting the Firm....
    Still have no idea what to do....
    Anybody ...please help!

  9. #9
    Ama
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    Tomorrow I should go back to work (was on sick leave)...I know that she still will not pay me (that's the 4th month)...I want to quit and try to get all the money school owes me.
    Never in my life wrote a resignation letter...any advice,lol
    DOES ANYBODY KNOWS A GOOD LABOR LAWYER ?
    PLEASE HELP!!

  10. #10
    Ama
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    Decided to work with the Firm after all.....had a conversation with a lawyer and clarified some matters....it is the truth...my last post was a result of tremendous stress.
    Didn't mean any harm towards company or any person working there....I hope that from now on we will work together in a mutual satisfactory way.
    A.

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