Sexual Harrasment!!

laurajane · #1 05-29-2008, 11:22 AM

Hi, Ok here's one i really need help with!

I have a friend who was offered a job by a very well known real estate company here. She was living in the states at the time and came here on 10th of february. She has had problems with the owner making very serious advances towards her and as she has declined his offers so to speak she has been fired. With the job she was given an apartment and he is kicking her out today, I believe that this is illegal and she should by law be able to stay for 45 days, however please correct me if i am wrong.
She has signed a contract but does not have a copy, she also does not have copies of any pay slips (doh!), but she does have confirmation emails about the job itself.
The man is threatening her and tells her he will not give her anything and as he has money he will win at any cost. She has been to the secreteria de trabajo and has to return tomorrow and they will contact him directly to request all copies of pay/contract. He is saying that all real estate agents are "independant", in which case i told her then he will have copies of 'provedor informal" invoices signed by her which is not the case.
I have advised her to let him kick her out and let him not pay her as he is threatening, then to contact a lawyer and the secreteria de trabajo as i would think playing the victim card (which she is in reality) will go in her favor. I have also told her to contact a girl who was employed at the same time as her but returned back to the states months ago so she has a witness. The job promised a car also which she never recieved, which may also show he has not come through in general.
Should she also file a sexual harrasment claim before any liquidation or settlement is paid? And how do those type of claims tend to pan out?

Sorry about all the questions and info but she is due to be kicked out today, should she hold her ground or let him kick her out? Also as the job was the reason she came here is he legally responsible for her in this country (sponsor) could the fact he is willing to kick her out on the street without pay and liquidation also be a legal factor? If kicked out (obviously she is welcome at my house) but should she go to a hotel and keep reciepts or go to police/consulate saying she has no where to go and no money? Will this help get the cretin??

Any help on this will be greatly appreciated. Thank you

AnnaC · #2 05-29-2008, 11:42 AM

I have a couple of questions. Was she hired as a sales-rep and did she sell anything during this time? Was the apartment provided as a start up? What was in the contract she signed even if she doesn't have a copy she should remember what she signed for.

laurajane · #3 05-29-2008, 12:32 PM

i will ask again to clarify, but the apartment was included in benefits of job description, so was the car and a salary of $1,000 per month. She was hired as real estate agent and yes she has sold and is still waiting for commision from sale.

Robert · #4 05-29-2008, 12:44 PM

No contract, no pay slips, no apartment lease and I'm assuming working here illegally.

Can she prove she has been paid anything? Check, receipt etc?

I hope she has deep pockets, especially if she is fighting against someone that has been here a while, does business here and obviously has a few contacts. I'm sure he will deny everything and also state she has worked less than 90 days if it even gets that far.

Maybe time to move on and chalk this one down to experience.

Robert · #5 05-29-2008, 12:55 PM

Quote:

Originally Posted by AnnaC

I have a couple of questions. Was she hired as a sales-rep and did she sell anything during this time? Was the apartment provided as a start up? What was in the contract she signed even if she doesn't have a copy she should remember what she signed for.

Means nothing here. You need hard proof, real contracts, paper work etc.

Skippy1 · #6 05-29-2008, 01:48 PM

maybe I am wrong but I believe that she may also be asked to deposit a substantial sum into the court if she is going to proceed as she is not a resident.

I have been told this could be around DR300,000 possibly more if the case could be lengthy. Can anyone else confirm if this is correct?

Skippy1

laurajane · #7 05-29-2008, 04:25 PM

So in other words let the creep get away with it, don't bother, no point. Are there actually any laws in this country to protect anyone??? I have total respect for the advice, you guys now a damn site more about what would be successful and what wouldnt, It just annoys me that the reason why these people strut around doing what they damn well please is because obviously the legal system is scared of ever actually doing anything or making a difference in a country that is full of these people, maybe they could also kill a few people, rape a few women etc and hey as long as it's not us.

I understand that yes ok she is crazy for not having copies of paperwork and yes i suppose she was working illegally, But doesnt that also imply that he hired someone illegally and he didnt provide documentation he should have?? Goes both way's eh?

Well i just hope nothing like this happens to my daughter or any of my loved ones as it is just a waste of time going through the channels and trying for justice. I am sure she will appreciate your advice and not loose thousands of dollars and months if not years of time fighting this person, but it still for me personally does not seem right. However i will make sure she knows all the advice so she can make that choice herself. Lets hope his next victim reads this before she takes any action.

Thanks

Thanks again

Skippy1 · #8 05-29-2008, 04:45 PM

The law works and works well if you have all the elements required to get a conviction.
It is exactly the same for foriegners in the USA or Europe they are often left bewildered that our systems seem to favour the people who live there, but it really is all about knowing the law and how to make your claim.
Your friend has not been let down by the law or the Country she has suffered because she did not know the law and how it is applied here.
Thats the truth of it really.
Sexual abuse and violence here are taken very seriously.
Tell her to contact a lawyer but they are not cheap and they are not reliable even when working for Dominicans less so for non residents.

Skippy1

laurajane · #9 05-29-2008, 05:03 PM

the secreateria has requested his details so they can contact directly and demand all paperwork, but then i guess he will deny there is any. I suppose yes the real problem is her lack of proof. I will contact my lawyer in the morning for a chat ans see what he suggests. 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.

Chirimoya · #10 05-29-2008, 05:04 PM

Sadly, I suspect that even if she had her paperwork in order the fact that she is a foreigner without clout or connections would make it very difficult for her to get anywhere. This would apply to any legal problem, not just sexual harassment.

On a more positive note, there was this in today's news:
Ley castigará acoso sexual en entidades públicas y privadas - DiarioLibre.com