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I had someone do work for me for about 2-3 months.  I am getting e-mails from him now saying he worked for me for a year and is due finiquido.  We have no written agreement and he was on an as needed basis. Comments please.

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I had that happen to me as well maybe 15 years ago.  I reminded him that he had worked for me (in my case) two months and that he was not due fininquido. I am sure he knew this and I believe he was just trying to take advantage of a newbie (me) whom he hoped didn't know any better.  I also told him, if he has any further demands that he should contact my attorney. I never heard from him again.

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Always, always, get a contract and have them sign everytime they do work for you. They have a very strong union and I have seen many gringos lose. Azucena Bateman can maybe help.

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Just now, Joanie said:

Yes, Azucena is the best for immigration matters.  I highly recommend her.

Not saying she can't help, but the OP's issue has nothing to do with immigration matters, it has to do with labor law.

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1 hour ago, bmh said:

If he worked for yo and you quit paying him you owe him severance...if he did not quit. 

The OP said that this man worked for him on an as-needed basis. That would not necessarily be a situation where finiquito is required. A casual laborer, who doesn't have any set hours and just shows up if he's free to work when someone calls him isn't an employee- they are an independent contractor and things like vacation pay, finiquito and aguinaldo don't need to paid. Of course, we don't know the exact circumstances of the employment, so hard to say what category this worker would fall into.

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8 minutes ago, mudgirl said:

The OP said that this man worked for him on an as-needed basis. That would not necessarily be a situation where finiquito is required. A casual laborer, who doesn't have any set hours and just shows up if he's free to work when someone calls him isn't an employee- they are an independent contractor and things like vacation pay, finiquito and aguinaldo don't need to paid. Of course, we don't know the exact circumstances of the employment, so hard to say what category this worker would fall into.

That is the situation.  He was free to work for others.  We would agree to the next work day and hours that worked for both of us.  It was basically project oriented.

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1 hour ago, bmh said:

If he worked for yo and you quit paying him you owe him severance...if he did not quit. 

I paid him at the end of each day depending on how long he worked.  It was flexible.  We had no contract.

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10 hours ago, Zeb said:

I had someone do work for me for about 2-3 months.  I am getting e-mails from him now saying he worked for me for a year and is due finiquido.  We have no written agreement and he was on an as needed basis. Comments please.

Agree with Johansen's comments, let him / make him come after you, after letting him know you owe him "nada".      Just in case, document it now, with any and all witnesses who know about the work that was done, the amount of time it was done for, and how it was structured (or not).

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2 hours ago, Zeb said:

That is the situation.  He was free to work for others.  We would agree to the next work day and hours that worked for both of us.  It was basically project oriented.

It doesn't sound to me like a situation where finiquito or any other benefits are required. (Free to work for others doesn't enter into it- regular maids and gardeners usually work for many homeowners, but because they have regular days and hours, they are employees and are owed all the benefits). I agree with some others- he's just trying it on, so let him come after you. Maybe he's lost a lot of work because of the pandemic, or maybe someone's been whispering in his ear.

I had the same sort of worker- he worked for lots of us in the neighborhood. We'd just call him when we needed some small job done- he was a jack-of-all trades. Sometimes I'd use him for a gardening job, one day he built me a brick compost box, sometimes I'd hire him to paint something. He actually moved out of the area, which was a shame- all of us he did work for miss him, as he was very sweet and while not particularly skilled, he wasn't a slacker, always arrived with any tools needed for the job, rather than expecting to use the owner's tools, and was very self-sufficient, bringing his lunch and big thermos of water.

No finiquito or any other benefits were ever mentioned, although we all used to give him a few hundred pesos around Xmas time if he happened to be working for us then.

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Again. If the guy is asking... next he could show up with an attorney.    " legal blackmail"  is not uncommon against non Mexicans. 

You need to get an atty first. They will advise. Then you can tell him "call my atty"  Consider it insurance.

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In my 9 years down here I've never seen a foreigner (or AC) win in a labor court. Be very careful and don;t ignore the situation.

SunFan

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this is why the attorneys advices to end up in good terms with emplyees is important.. you still need an attorney´s advice on what you should do..or should not do.

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