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 Moderated by: bartmanaz
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Labor Lawsuit  Rate Topic 
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 Posted: Mon Nov 4th, 2019 09:11 pm
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Tammi
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I want to report that a gardener that has never worked for me has filed a labor lawsuit against my business. Jose Roberto Elenes Gutierrez is claiming that he has worked for me since 2004. My business has only been open since 2018. So there is that. I have to hire an attorney to answer. I will easily prove this, but if I didn’t answer I would be liable. He works as a gardener in Caracol. I have the supporting lawsuit information if anyone doubts it Head’s up.

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 Posted: Tue Nov 5th, 2019 01:18 am
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MARIGOT
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Does he have a nickname, or is known with another name?


Best wishes, Tammi...

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 Posted: Tue Nov 5th, 2019 02:24 am
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Tammi
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I have no idea, I have never met the man, not even set eyes on him. I only met his attorney. Says I’ve been paying him every week since 2004. I know he was working on a house in Caracol, but it isn’t one that we manage nor have listed.

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 Posted: Tue Nov 5th, 2019 06:03 am
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long time resident
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You are not the first, nor will you be the last. You do have a good chance winning. I have been there. Twice, and it wasn't pleasant, but found out that the lawyers convince some workers that they can get the house, or a large settlement, so they do it, not knowing that in most cases it bites them in the butt. Good luck, keep us posted!

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 Posted: Tue Nov 5th, 2019 01:37 pm
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frankie
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tammi, many of us would like to know the name of the attorney who brought you this law suite!
i am sorry this has happened to you! good luck and keep us informed!

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 Posted: Tue Nov 5th, 2019 02:56 pm
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kiteboarder
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This type of lawsuit was more common years ago. Often they would target someone that was seldom here. They would hope that either the home owner would be unaware of the suit or ignore it because they knew that it was baseless. Very quickly the absent home owner would lose their house. I know of three of these incidents.

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 Posted: Tue Nov 5th, 2019 07:56 pm
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Bullshipper
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La Junta federal de trabajo does not require the worker or the employer to have an attorney as they are there to represent for free.

Just make sure any settlement is paid there and that they issue the receipt or labor charges will not stop accumulating while the case remains unresolved.


This is something you want to resolve asap.

Last edited on Tue Nov 5th, 2019 07:59 pm by Bullshipper

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 Posted: Wed Nov 6th, 2019 07:55 pm
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long time resident
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Good luck Tammi. Let us know how it goes. What is the lawyers name? I hope you explained to him that this was all frivolous...

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 Posted: Wed Nov 6th, 2019 08:29 pm
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Bullshipper
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You have to gather your paperwork, go to the Junta, present your case, then they will schedule an appt. for the worker and you to resolve it at the Junta.

Since he has accused you, you need to prove that you have no association with the owner of the property or him, and a notarized statement from the owner, or his testimony with you will prove that.

That will throw the case against you out, but then the worker will go against the home owner, so they have to prove they never hired him. also.

Under labor law has rights to past due pay + 3 months of severance pay + 30 days more pay for every year he worked + a % of his vataction and Xmas pay if he was fired, or unpaid after working 7 days w/o justifiable cause for being let go. Justiable firings can be for not showing up for work 3 times in a 30 day period, being under the influence at work, etc.

Saying he is a contractor will also work against him if you have printed facturas you can show as reciepts, if his work did not constitute more than 60% of his monthly pay.

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