Sexual Harrasment!!

[gringosabroso]

I'm compelled to agree with Robert 100%. Sad but true. Also:
* did your friend have a cedula? If not, she has no legal right to work. Period.
* competence? Your friend seems, w/o objections, never to have received copies of anything relevant. Isn't this leading with her chin? There seems to be a lack of common sense & self interest here?
* A DR once told me, @ 10 years ago "If you have enough money, you can do anything you want in this country!" I've been here 12 years; my DR friend was 100% correct. Sad, but true.
* I would suggest that your friend not get involved in the DR legal system under any conceivable circumstances, for any reason, esp. in the case you outline.
* In my experiences [plural] 80% of the lawyers in the DR are both corrupt & incompetent! A harsh judgment? I was a lawyer in the USA for 25 years. A wronged, cheated, or overcharged client has no remedies whatsoever? The way clients are treated here is a national disgrace.
* What is the difference between a DR rooster & a DR lawyer? The rooster clucks defiance.
* Enough said. I suggest that you write this 1 off to experience.

[Chirimoya]

Originally Posted by laurajane

I also need to ask her if there are any witnesses, maybe if he at least thinks his wife will find out about sexual harrasment claim he may pay up to hush her up, worth a try.

Maybe, but think it through carefully first. He sounds like a bully so your friend might end up in an even worse situation. A man like that probably has his wife dominated into accepting his extracurricular interests, or manipulated into not believing that they take place, so it would be no skin off his nose.
You say he is the owner of the company as opposed to a local rep for an international company? Long shot, but if the latter is the case you could appeal to the higher authorities.

[robbie]

From what I understand, sexual harrassment is a difficult thing to prove. If this person owns a real estate company he's probably well known in his area and probably has very good lawyers.

[laurajane]

I agree it is a very hard thing to prove, as also most witnesses (if there were any) would have been other employees who wouldnt want to risk their jobs. The only thing other thing i can think of is there was another girl hired at the same time with the same conditions and she returned home about a month after starting, i suggested my friend contact her to see if maybe she had been a victim or at least if she had witnessed the inappropriate behavior and would be happy to make a statement to that effect.
Allthough i think the most important thing at the moment is my friend getting what is owed. I do realise and others have pointed out that she was working illegally blah blah, but he has knowledge of conducting business here not her, i dont think we can excuse his behavior because the victim may have been naive. She was given an oppurtunity that many young women would be greatful for and took it, which depite making a few mistakes with regards to documentation takes alot of bravery. He has employed a young woman under a certain agreement and not delivered after bringing her to a country where she has few contacts and a limited understanding of the language, I do not believe this is a coincidence. Then after making several a progressivly worse moves on her he is kicking her out on the street without the money she earned or any kind of compensation or a flight home. On top of that he is threatening her to not even try to cross him or she will regret it. How can we be defensive as far as law goes about illegal workers but then tell people to forget the law when someone is trying to fight quite a serious injustice?!?! That seems a bit contradictive. Anyway i have told her to record any more conversations with him via telephone or in person on her cell phone or dictaphone, it wont be incriminating but someone might listen.

[Chip]

Originally Posted by laurajane

I agree it is a very hard thing to prove, as also most witnesses (if there were any) would have been other employees who wouldnt want to risk their jobs. The only thing other thing i can think of is there was another girl hired at the same time with the same conditions and she returned home about a month after starting, i suggested my friend contact her to see if maybe she had been a victim or at least if she had witnessed the inappropriate behavior and would be happy to make a statement to that effect.
Allthough i think the most important thing at the moment is my friend getting what is owed. I do realise and others have pointed out that she was working illegally blah blah, but he has knowledge of conducting business here not her, i dont think we can excuse his behavior because the victim may have been naive. She was given an oppurtunity that many young women would be greatful for and took it, which depite making a few mistakes with regards to documentation takes alot of bravery. He has employed a young woman under a certain agreement and not delivered after bringing her to a country where she has few contacts and a limited understanding of the language, I do not believe this is a coincidence. Then after making several a progressivly worse moves on her he is kicking her out on the street without the money she earned or any kind of compensation or a flight home. On top of that he is threatening her to not even try to cross him or she will regret it. How can we be defensive as far as law goes about illegal workers but then tell people to forget the law when someone is trying to fight quite a serious injustice?!?! That seems a bit contradictive. Anyway i have told her to record any more conversations with him via telephone or in person on her cell phone or dictaphone, it wont be incriminating but someone might listen.

Laura, please understand that I don't believe anyone here is saying your friend is in the wrong, however, this isn't the US or Europe and laws operate much differently here.

Also, if your friend still plans on living here in the DR I wouldn't take lightly the threat this guy made to her.

That being said, it appears she has made a complaint in "criminal" court but more than likely given the aforementioned issues involved it won't get very far. Also, with regards to any hope of a "civil" suit, be aware that here punitive damages are not allowed. What this means is that lawyers work for fees they are paid and don't take cases free of charge in the beginning with the hopes of hitting it "big" by winning a big settlement because they obviously can't - therefore there will be no interest by any lawyers to work on this case other than what can be paid to them more than likely up front without any refund possible.

[johne]

Well (to OP) before you try this case on the Court of the Internet and think these these people have brought your friend over the burning coals of mal Dominican law---How are you are so posiitive that your friend is in the right? What makes you think that the employer is wrong ONLY because your friend says they are? You are on friendly grounds here-many people will take your side-But is your friend totally in the right and before you go off talking legal talk about "SEXUAL HARASSEMENT" do you or your friend know how to enact a legal proceeding such as this?

just curious?

[GringoCArlos]

She is getting off better than an illegal immigrant employed in any other country. As you state, she had the use of an apartment for 3+ months, received a salary of $1000 a month, (which is very good for someone who doesn't speak the local language). In return she made one sale, which due to the complexities of any Dominican real estate transaction, probably won't close for another few months.

Perhaps with her limited knowledge of the Spanish language and Dominican men, she mistook normal male behavior in the DR for harassment. Who knows? My secretary would get bent out of shape if I didn't complement her on her appearance each day, whereas the same behavior in NA would have been grounds for an attorney to come after either her or me (I would have the same protection there against an aggressive female, wouldn't I?)

Tell her to chalk it up to experience, and either find a job here which is better suited to her needs, or else go back to where she came from. I agree with Robert, she doesn't have a chance in heck to get the satisfaction she apparently wants here in the DR.

[Hillbilly]

1) a Come on over smile
2) a nice sharp knife hidden away
3) In the "heat of the moment" place knife next to genitals and sweetly request that he sign the papers saying that he sexually accosted her and promised to do this and that.
4) With the knife held gently against the aforesaid genitals, escort the b@stard out of the apartment....

EOS!

HB

Yeah, I know, wishful thinking....

[laurajane]

Originally Posted by johne

Well (to OP) before you try this case on the Court of the Internet and think these these people have brought your friend over the burning coals of mal Dominican law---How are you are so posiitive that your friend is in the right? What makes you think that the employer is wrong ONLY because your friend says they are? You are on friendly grounds here-many people will take your side-But is your friend totally in the right and before you go off talking legal talk about "SEXUAL HARASSEMENT" do you or your friend know how to enact a legal proceeding such as this?

just curious?

That is why i am here posting for advice. I am looking out for a friend, the fight is hers, but i consider myself to be a good person that likes to try and help friends or family in a bad situation allthough i know that sounds weird. Anyway i posted to help someone and maybe get some helpful advice from very knowledgeable people on this forum. Which in the most part i have got, so thank you to those. I did not however post it to be attacked simply for asking advice, i believe in a very polite manner. I came here for advice, i am a very busy woman and would appreciate posts from people who have advice not from people who have nothing better to do than attack people for seeking help. I wonder if i would have had the same answer had i been a man seeking advice mmmmmm?

[laurajane]

Originally Posted by Hillbilly

1) a Come on over smile
2) a nice sharp knife hidden away
3) In the "heat of the moment" place knife next to genitals and sweetly request that he sign the papers saying that he sexually accosted her and promised to do this and that.
4) With the knife held gently against the aforesaid genitals, escort the b@stard out of the apartment....

EOS!

HB

Yeah, I know, wishful thinking....

Love it LOL!