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

laurajane · #1 05-08-2008, 10:15 AM

Hi there
What with my last post i am sure everyone will think i am a sandwhich short of a picnic but i have a problem now that is very upsetting.

A family member and known troublemaker came to me a couple of weeks ago and said she was trying to turn her life around and wanted to try and get a resort job, and would i write her a letter of recommendation to help her. We own our own business so i said yes and stated she had worked for us for 9 months and earned a pretty low wage. I realise this is unethical but if you cant help family every now and again what is the point, right?

Anyway two days later she came to the house and gave me a peice of paper from the secreteria de trabajo saying i owed her $16,000 pesos in liquidation!!!!!!!!!!!!!!! She had used the letter of recommendation as documentation and said she had been fired from our company. I can't believe anyone would do such a thing, but now i have a problem. I have not been to the secreteria yet as i am actually at home supposed to be having complete bed rest, and i waqnted to know if anyone had any advice before i went.

Firstly, can this type of documentation be used as proof that she worked for us. Obviously she has no pay slips, no contract, no other papers that say she ever worked for us.

Secondly can the secreteria de trabajo force us to pay liquidation, or will this young lady be told to find a lawyer. which i know she can not afford.

Thirdly, I know she never worked for us but she has no proof to show the secreteria she was fired without cause, i could maybe go for the angle that she resigned maybe.

This young girl once lived in my home and stole money and designer clothes from me, I am an idiot to have listened to her heart breaking story and should not have helped her, but i am a sucker.

If anyone has any advice on what i should do, please please help!

Skippy1 · #2 05-08-2008, 10:23 AM

My advise is deny that the letter is genuine and tell her she will have to go to court and prove earnings then have nothing more to do with her.

You can choose your friends but not your relatives

Skippy1

Robert · #3 05-08-2008, 10:28 AM

The burden of proof is on you. You need to prove she didn't work for you, that might not be that easy or worth it in the long run. You have two options.

1) Pay her the liquidation and get her to sign off on it along with the secreteria de trabajo.

2) Lie like a thief and tell them she stole the headed notepaper etc etc.

You might find it's easier to pay the RD$16K and move on. Trust me, it's been a cheap lesson.

Now you know why some employers treat their Dominican employee's like total crap, because many deserve nothing less. Sad but true

Robert · #4 05-08-2008, 10:32 AM

Quote:

Originally Posted by Skippy1

My advise is deny that the letter is genuine and tell her she will have to go to court and prove earnings then have nothing more to do with her.

You can choose your friends but not your relatives

Skippy1

Have you ever taken a labor case to court here? Good luck!
Your might just end with a bill that makes the RD$16k look like chump change.

As I always say... What comes around goes around!

Chip · #5 05-08-2008, 10:34 AM

Offer her 10k and say otherwise that she will have to fight you tooth and nail in court to get the money, no matter what it costs you.

Also, paying people substandard wages is opening up oneself to abuse. I unfortunately have met Dominicans in this situation who have gone to illegal means to get what they feel they deserve. The money you pay her ought to make it "right", and better she will be out of your life for good.

J D Sauser · #6 05-08-2008, 10:37 AM

From what we all gathered so far, facing labor court as an "employer" puts you anywhere but into the driver's seat. They are said to be strongly inclined to favor the "employee's" version as employment situations are often less than by the books.

I'd call the "family" together for a jolly evening and in front of everybody toss the 14T on the floor in front on her and let everybody know that this was the last she'd (and whom ever you'd want to take the opportunity to add) EVER see from you... even if it's a life or death call from the hospital. Have her sign a release previously prepared by your lawyer and feel good about knowing that this was probably the cheapest way you get rid of her (and anybody you added to the list) for GOOD. It's more... you will gain respect from everybody.

... J-D.

catcherintherye · #7 05-08-2008, 10:40 AM

If your family member knows enough about the law to pull this type of extortion she probably has already talked with an attorney, or someone who works in a law office. I know nohing about the intricacies of DR law, but I would follow the good advice of Robert, and just pay the piper, mark it down as experience, and move on.

laurajane · #8 05-08-2008, 10:44 AM

Would denying the fact she was fired work? Surely the fact she has a letter of recommendation would back up the fact that she left of her own accord. Do companies give letters of recommendation to employees that have been fired????????? Grasping at straws but i am going to do everything i can to not pay this scum one peso!

Keith R · #9 05-08-2008, 10:51 AM

Quote:

Originally Posted by catcherintherye

If your family member knows enough about the law to pull this type of extortion she probably has already talked with an attorney, or someone who works in a law office.

Actually, I think LJ should also ask herself where an idea this elaborate came from to begin with. Somehow I get the feeling this "known troublemaker" did not cook it up alone, and then take it to a lawyer to see how to make it work. A friend, family member or neighbor or some combination thereof is/are probably collaborating, so be careful who you discuss options with.

Skippy1 · #10 05-08-2008, 10:53 AM

Quote:

Originally Posted by Robert

Have you ever taken a labor case to court here? Good luck!
Your might just end with a bill that makes the RD$16k look like chump change.

As I always say... What comes around goes around!

However all systems of law require evidence not just word of mouth. Witnesses would have to back up her statement she was employed if the lady denied the authenticity of the original letter. I know its not ethical to deny the letter but this lady is fighting fire with fire. There are other members of the family firm who could and should prove this girl never worked for them. Her past history would (more then likley) demonstrate her true character.

I do not think I could ever accept the suggestion to just pay it would go against all my beliefs

You may beand probaby are correct in your assessment.

Skippy1