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Firing a gardner

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What is my obligation as far as firing a gardner?

How much severance pay is required?

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Severance pay depends upon how long he has worked for you and how much pay he receives.  Go to rollybrook.com to get the answers.

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Better yet, this is one of those rare instances where an attorney is most helpful. We used Azucena Bateman Campos at ABC Legal near LCS when we terminated a maid. It's  important  to have the paperwork signed by both parties, as well as the correct payment calculated. It's  cheap insurance against future  complaints. 

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The other method is to supervise his work and constantly give him orders. Need a deep hole here to plant a tree. Deeper..deeper. Changed my mind fill it in etc. I don't need you to water. I need you for the hard work. 

Make him hate the job so much he quits.  Then have him sign a resignation letter.

 

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That's how a Mexican would do it...but...unless you know he has been actually dishonest, say stealing from you but you can't quite prove it, I would not suggest that method. You never know what connections he might have. Unless he's been with you since Christ was a corporal, the amount of severance won't kill you. Let your conscience be your guide.

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I do realize his compensation is dependent on how long and how much he is paid.  So what is the rule for determining his severance amount?

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4 hours ago, pappysmarket said:

That's how a Mexican would do it.

C´mon pappy……...you know better than go down that rabbit hole again, on this board.  Like football, you get three time outs….that was your first…...:D

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1 hour ago, Mario said:

I do realize his compensation is dependent on how long and how much he is paid.  So what is the rule for determining his severance amount?

Go back and read the second post, no one is going to take the time to figure this all out for you.

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10 hours ago, slainte39 said:

C´mon pappy……...you know better than go down that rabbit hole again, on this board.  Like football, you get three time outs….that was your first…...:D

Another one wants to be a Mod...Better work on that resume, LOL

We knew more than a couple of Mexican friends who did it exactly that way but it is good to hear you stand up for others.

Cheers

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13 hours ago, pappysmarket said:

Another one wants to be a Mod...Better work on that resume, LOL

We knew more than a couple of Mexican friends who did it exactly that way but it is good to hear you stand up for others.

Cheers

Only for your posts...….too busy to do the whole board, but you are safe.....they can´t afford my salary demand.

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11 hours ago, slainte39 said:

Only for your posts...….too busy to do the whole board, but you are safe.....they can´t afford my salary demand.

Whew...Good to see your humor is still there. For a moment I was afraid you were starting to take all this stuff too seriously.

Carry on.

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8 hours ago, pappysmarket said:

Whew...Good to see your humor is still there. For a moment I was afraid you were starting to take all this stuff too seriously.

Carry on.

When I get serious ???...….You will know that I am looking at the roots of the sod. ……..Young at heart. old of body.

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On 1/20/2020 at 6:34 PM, Mostlylost said:

The other method is to supervise his work and constantly give him orders. Need a deep hole here to plant a tree. Deeper..deeper. Changed my mind fill it in etc. I don't need you to water. I need you for the hard work. 

Make him hate the job so much he quits.  Then have him sign a resignation letter.

 

This is exactly what happened to Rosa y Lupe who had worked at the Vivero across from the Laguna Centro on the libramiento for over 20 years as managers.  When the American owner passed last year, the Mexican son-in-law inherited the property and told them to go dig a hole to plant a 15 yr old palm tree.  Yeah sure.  In the end they were terminated and paid a few pesitos on their pension.  Rosa had worked 7 days a week with only two holidays a year, Easter and Christmas.  Lupe, her sister, had one day a week off, Thursday and then two holidays each year. 

The new owner inherited millions but greed knows no bounds.  Does not matter Mexican or expat,  I have known expats who have done the same.  In my mind, there is no right way to do the wrong thing.

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13 hours ago, Kiko said:

This is exactly what happened to Rosa y Lupe who had worked at the Vivero across from the Laguna Centro on the libramiento for over 20 years as managers.  When the American owner passed last year, the Mexican son-in-law inherited the property and told them to go dig a hole to plant a 15 yr old palm tree.  Yeah sure.  In the end they were terminated and paid a few pesitos on their pension.  Rosa had worked 7 days a week with only two holidays a year, Easter and Christmas.  Lupe, her sister, had one day a week off, Thursday and then two holidays each year. 

The new owner inherited millions but greed knows no bounds.  Does not matter Mexican or expat,  I have known expats who have done the same.  In my mind, there is no right way to do the wrong thing.

When the sale was done, the old owners and/or their heirs had to terminate all employees and pay severance or the Notario should not have blessed the deal and the new owners had no obligation to retain any employees. If the new owner had an attorney, which everyone involved in that type of transaction should have, there certainly would have been due diligence done. When we sold our BnB that's what was done and our employees got their proper severance and the new owners got to decide if they wanted to offer jobs to any of them. If all they got were a few pesitos it's because they had already collected their big severance and lasted only a short time with the new owner. That exact scenario played out with one of our old employees who decided to work for the new Mexican owner. After a couple of months of ironing bed sheets every day, as mandated by the new owner, she decided to quit. The other workers never even gave a thought to working after the sale. 

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In the case of the vivero, it was an inheritance not a sale.  I don't know how the law compares that to a sale.  There were lawyers involved and the sisters did receive something.  I do not know if the property has since been sold by the heirs.  I just know the son in law tried his best to force them to quit but that did not work out for him. 

I also have always paid at closings as required by law.

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An inheritance is a change of ownership.  The above mentioned parties have opened their own vivero in upper Ajijic since leaving Flora Exotica.

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Habe no doubt. If they had been receiving seguro as a full time employee for 20 years they are entitled to severance pay. Also they have 20 years credit on SS retirement from Mexico. Any atty could get it for them quickly. If they were off the books and not an employee it will be difficult.

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On 1/20/2020 at 6:34 PM, Mostlylost said:

The other method is to supervise his work and constantly give him orders. Need a deep hole here to plant a tree. Deeper..deeper. Changed my mind fill it in etc. I don't need you to water. I need you for the hard work. 

Make him hate the job so much he quits.  Then have him sign a resignation letter.

 

Why are you advising people to be abusive?

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Why are you attacking me?... Nothing better to do?

If you have a bad employee or a thief I offered the method my Mexican relatives use. 

You can handle employees as you like. And you can also ignore my posts if you don't like them.

Que tienes buen dia.

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13 hours ago, Mostlylost said:

Why are you attacking me?... Nothing better to do?

If you have a bad employee or a thief I offered the method my Mexican relatives use. 

You can handle employees as you like. And you can also ignore my posts if you don't like them.

Que tienes buen dia.

The OP did not say he wanted to fire an employee who was bad or a thief. He said only he wished to fire him. The solution you offered was to abuse the employee until he quit. Glo merely asked why you were advising people to do that. It is not as though you think the method is illegal or immoral and can be used to cheat employees out of what is owed them. 

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3 hours ago, Mostlylost said:

Why are you attacking me?... Nothing better to do?

If you have a bad employee or a thief I offered the method my Mexican relatives use. 

You can handle employees as you like. And you can also ignore my posts if you don't like them.

Que tienes buen dia.

Nice bunch of relatives!!  I would say that is a minority (Mexican) solution.  Most pay the severance and there are governmental agencies that will help employees collect from patrones, who are that driven to avoid payment.

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Pile on.

Abuse me.

Make yourselves superior.

Que bueno.

Insult my family. That's not personal. 

You are all saints. Milagro de Dios. 

Possibly there are employees who cheat, steal, etc.  So....Yes give them a reward. 

You are all the best.

WOW.

 ustedes son los mejores del mundo.

 

 

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