EX-PAT2011 Posted October 31, 2015 Report Share Posted October 31, 2015 We are moving and it would not be feasable to keep our current maid. We have had her for one year. Do we have to pay her any kind of severance? Also, we did not choose her, she came with the house and the landlord told us we had no choice but to keep her. Please advise. Link to comment Share on other sites More sharing options...
Al Berca Posted October 31, 2015 Report Share Posted October 31, 2015 44 posts containing the words " severance pay" if you would care to do a search on this forum. However, if you rent and she came with the house, she is not your employee, even if you paid her, but your landlord's. As such, you legally owe her nothing. Do whatever your heart thinks is best as a thank you for her services to you. Link to comment Share on other sites More sharing options...
mudgirl Posted November 2, 2015 Report Share Posted November 2, 2015 If you paid the maid, she has been your employee and you owe her severance. If the landlord told you that you "had to keep her" that was not his right to say, unless he was paying her. Link to comment Share on other sites More sharing options...
Al Berca Posted November 2, 2015 Report Share Posted November 2, 2015 Whether you pay the maid directly or reimburse the landlord for paying her, she is most definitely not your employee and my post is correct if the situation is as I described. There is absolutely no question that if you did not hire that person nor do you have the right to terminate that person she is clearly not your employee. Feel free to consult an attorney to verify what I wrote. Link to comment Share on other sites More sharing options...
mudgirl Posted November 3, 2015 Report Share Posted November 3, 2015 Al Berca, I didn't mean to imply that what you said was incorrect. If the maid came with the rental house, then she is really the landlords employee. However, unless this was stated in writing as part of the rental agreement, and it came to arbitration and the landlord denies having said that they needed to keep the same maid, then I believe it would be looked at as the renters having to pay the severance. Link to comment Share on other sites More sharing options...
slainte39 Posted November 3, 2015 Report Share Posted November 3, 2015 Al Berca, I didn't mean to imply that what you said was incorrect. If the maid came with the rental house, then she is really the landlords employee. However, unless this was stated in writing as part of the rental agreement, and it came to arbitration and the landlord denies having said that they needed to keep the same maid, then I believe it would be looked at as the renters having to pay the severance. What if the landlord didn't pay the maid severance when he "handed" her over to the renter? Who would be responsible for that? If she didn't sign a finiquito with the owner of the property, then she is still employed by him/her. Make the landlord produce a finiquito at the hearing....if it gets that far. Link to comment Share on other sites More sharing options...
Al Berca Posted November 3, 2015 Report Share Posted November 3, 2015 You misread the OP. They are tenants of the owner. No finiquito was paid or due as maid never changed employer. Tenants were simply her managers when she worked in their home, not employers. Tenants are leaving. Maid, employee of property owner, is staying. Link to comment Share on other sites More sharing options...
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