Now what do i do???????

[Chip]

There are some mitigating circumstance, the OP did admit to paying the girl substandard wages. Therefore, offer her something less and let you know you will fight it vehemently otherwise.

[laurajane]

This is risky but i do have copy of a 'RECIBO DE DESCARGO' from a previous employee. Is it legal for me to draw up my own letter on company headed paper (or does it have to be signed by secreteria de trabajo). Get the girl to come to the house to collect her liquidation, and infront of witnesses get her to sign the release to say we have paid the liquidation and no longer owe her anything, in so many words. And then once signed throw her out the back door!

[Keith R]

Originally Posted by Chip

There are some mitigating circumstance, the OP did admit to paying the girl substandard wages. Therefore, offer her something less and let you know you will fight it vehemently otherwise.

Not quite. She claimed -- in a letter of recommendation to a potential employer, but NOT a legal document of any kind -- to have hired and paid the girl substandard wages. She did not (yet) admit to any such thing -- not in anything that would stand up in court, that I can see.

It'd be different if there were pay stubs, or the girl was actually listed on payroll, etc.

Now, if the labor court judge is a cousin or friend of the girl, that won't matter much...

[Skippy1]

surely if she was employed then there would tax records that the company would file for the payments. I would ask that the judge ask for copies of these to prove if the girl was employed or not.
As for the notion that you can somehow trick her into signing that she has received the payment and then kick her out the back door well thats risky to say the least she might want to bring a witness like her laywer then you would have to pay anyway.
Skippy1

[laurajane]

Originally Posted by Chip

There are some mitigating circumstance, the OP did admit to paying the girl substandard wages. Therefore, offer her something less and let you know you will fight it vehemently otherwise.

THIS PERSON NEVER WORKED FOR ME!!!!!!!!! I said in the letter of recommendation i wrote for her to try and help her get a job she earned $8,500 pesos per month, low wage as far as i am concerned but pretty average salary for a resort worker, which is the job she wanted.

My dilema is, she is using the letter to say she worked for me and was fired to get liquidation. She asked me for a favor, to help her get a job but was really wanting it to bribe be into paying liquidation.

[laurajane]

Originally Posted by Skippy1

surely if she was employed then there would tax records that the company would file for the payments. I would ask that the judge ask for copies of these to prove if the girl was employed or not.
As for the notion that you can somehow trick her into signing that she has received the payment and then kick her out the back door well thats risky to say the least she might want to bring a witness like her laywer then you would have to pay anyway.
Skippy1

She does not have a lawyer, i believe she got this idea from a boyfriend of hers. We have spoken to her mother, but she has done nothing apart from tell her daughter she will be expecting some of the winfall (family really are the best, aren't they!)

I thought we could play the "Oh come on, we are family let's not argue. Come to the house and we will give you the money(she knows i am sick having complete bedrest). Antonio (My husband, her uncle) is very upset and just wants this to finish blah blah blah" .........And just see if she comes and if we are all smiles and make her feel relaxes she might be lulled into false sense of security and sign.

God i dunno what to do really!

[rio2003]

I may be wrong here but I wonder if the letter that you gave her included more information than she was expecting i.e length of employment, wage etc and this gave her the idea of going for liquidation. I agree with the idea that there is more than one person involved with cooking this up.

I have not officially employed a Dominican but my experience and knowledge of the DR workings tells me that you should consider very carefully if this should ever go to court.

There are some very "westernised views" on here and if the court system was run as we are acustomed to in the western world - all well and good, but it isn't. The strangest decisions are made - often without "proof" and for the strangest of reasons. It is amazing how things can be turned against you. For that reason alone I think Robert is so right and you should settle with her.

Another hard lesson learnt unfortunately, I sympathise with you.

Rio

[bronxboyatheart]

Originally Posted by laurajane

God i dunno what to do really!

I do not how the legal system works in DR.

If there is such a thing as filing a police report, I would.

This seems like the start of something that will not end just like that.

There are evil intensions in the air.

My 2 1/2 cents!!!!

[Skippy1]

pay up, your rewarding deciet.
fight and you may come out ok or a few pesos down.
Whatever happens you must be rid of her and her family.

[oldschool]

Tell her you don't have the money. If she want's she can get the police or the fiscal to throw you in jail. I'm serious, she (their) testing your will. IF YOUR HUSBAND, HER UNCLE will let you go to jail over this then I think you've got more serious problems then $ 16 000 peso's.