paying liquidation

retiree · #1 05-07-2009, 10:59 AM

If I have an employee that did mainly security and outside maintenance for several years and lived on my property 24 hrs a day 6 days a week, do I have to pay him liquidation when I replace him with another worker?

MrMike · #2 05-07-2009, 12:53 PM

How long did he work for you? Did he work at your residence or business? If residence, do you run a business out of your home?

retiree · #3 05-07-2009, 02:02 PM

As a matter of fact, I do run a business from my home. I didn't know that made a difference. He worked for me for a couple of years.

MrMike · #4 05-07-2009, 02:56 PM

The problem is that although he is a domestic and not entitled to liquidation pay aside from Christmas Bonus and Vacation pay, if you run a business from your home he can claim that he was an employee of your home based business and might be able to make a case that way.

At least, that is what my lawyers have told me all 3 times I have been in a similar situation.

If the nature of the business is such that your employee doesnt know you have one (you do some work online with a laptop) then you may be OK, but if you are running some kind of a shop and his duties include looking after or tidying up any areas of it, then he may feel he was an employee of your company, and a judge may agree.

Conchman · #5 05-07-2009, 06:20 PM

if you want to avoid a lawsuit that could cost you many times over what the liquidation costs, and lawyers fees that are probably at least the amount he might be due, (so if you win you still lose), you might be better off just paying the liquidation.

retiree · #6 05-07-2009, 10:33 PM

Good advice. I am going to pay and am happy to do that but was confused about the law. Wish it was clearer and should check with my lawyer. And as far as helping with my business he did some deliveries for me so he was involved in that.

headnerd · #7 10-25-2009, 05:51 AM

Has anyone here ever managed to figure out a way to fire a security guard who was sleeping on the job without paying his liquidation?

donP · #8 10-25-2009, 07:12 AM

Quote:

Originally Posted by headnerd

Has anyone here ever managed to figure out a way to fire a security guard who was sleeping on the job without paying his liquidation?

A watchman with a gun?
Take the gun from him while he's asleep...
Otherwise one will tell you that a little sleeping is no reason not to pay liquidation.
Get dogs.

donP

Bob K · #9 10-25-2009, 09:28 AM

We fired a gardener a few years ago. The first thing he did was demand liquidation pay. We told him to meet with our lawyer who then explained the facts of life to him. We offered him about 1/3 of what liquidation would be. He accepted, signed the papers and we have not heard from him since.

Bob K

mountainannie · #10 10-25-2009, 10:32 AM

the liquidation pay?

and are domestic workers entitled to social security?

should I sign up for this for my maid, even though she is only part time? Does it work?