Feb 17, 2007, 5:44 PM
Post #62 of 82
This is an update to our December post on the labor relations suit that my ex-gardener filed against us.
We finally had our 'mediation meeting' last Friday, and here is what happened:
The gardner and wife, who claimed to have been working for us full time were asking originally in the neighborhood of 100k to 300k Mexican pesos, their lawyer presented the case and our lawyer immediately asked if they were willing to settle right then and there.... their answer was yes, if you give us 12,000 pesos each.
Our lawyer explained the pitfalls and outright lies of the frivolous lawsuit and offered 1,000 pesos to settle.
This went back and forth, with our lawyer, my wife and I continually undermining their claims, mainly that when they said they started work was more than two years before we even had bought the property. Our lawyer also explain to the mediator that these were folks used to filing frivolous lawsuits, and in fact have many hectareas or land with some 150 head of cattle, NOT poor indigent people starving and exploited as they were claiming.
The bickering continued back and forth until our lawyer told them that we would pay a maximum of 3,500 pesos each, in 15 days from that date.... the bickering continued and an offer was made of 3,000 pesos each right then and there.
They accepted, and we paid, not feeling to good about it, since we know we didn't do anything wrong, but knowing that it would take an additional six months to a year to come to trial, and continued payment of lawyer fees.
So the bottom line was 3,000 pesos each plus 8,500 pesos that we had paid to our lawyers, for a total of 14,500 pesos. The two people had to sign a full release, notarized right there at the labor relations board.
Our lawyer is going to provide us with a form to be signed so that in the future employees are hired TEMPORARILY for less than 6 months, renewing their contract at expiration, if we decide to continue their employment.