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BANE

Nov 1, 2011, 12:11 PM

Post #1 of 7 (2169 views)

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Anyone versed in Mexican law? Having legal troubles...

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I own a restaurant in Mexico and employed a girl a year ago. Put her on the insurance etc. Well one day she decided to quit and walked out. She then sued me claiming I had fired her. So we fought it in court and I won. She was reinstated back to the job but as soon as the lawyers left she leaves the restaurant claiming I fired her again even though I have witnesses stating that she left. Now she is suing me again. How many times can one sue for exactly the same thing here in Mexico?



Aaron+

Nov 1, 2011, 1:58 PM

Post #2 of 7 (2141 views)

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Re: [BANE] Anyone versed in Mexican law? Having legal troubles...

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Mexican law favors workers. There are many good references on the Internet, such as http://www.mexicolaw.com/LawInfo11.htm and http://www.fredlaw.com/articles/international/Mexico.pdf and a MexConnect article: http://www.mexconnect.com/articles/196-mexico-s-labor-market-and-laws .

The first ref talks of conciliation boards that may be useful in the case of a employee who repetitively engages in actions against you.

You really need to find a good labor lawyer where your business is located and consult with him or her. Expect much grief and costs. Conscientious employers may be the ones with the most problems. The others may just hire goons to scare off problem workers, or have sweet heart deals with a union.


DavidHF

Nov 1, 2011, 4:24 PM

Post #3 of 7 (2093 views)

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Re: [BANE] Anyone versed in Mexican law? Having legal troubles...

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Never hire anyone who has taken you to court!


Marlene


Nov 2, 2011, 9:41 AM

Post #4 of 7 (1994 views)

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Re: [DavidHF] Anyone versed in Mexican law? Having legal troubles...

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He may not have had an option, under the circumstances.


BANE

Nov 4, 2011, 6:01 PM

Post #5 of 7 (1875 views)

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Re: [Marlene] Anyone versed in Mexican law? Having legal troubles...

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No it is not that. She quit first then sued saying I fired her. Then the lawyers play a game where we ¨reinstate¨ her and the notary comes with her to make sure she is installed and case closed. 5 minutes after he leaves then she takes off and sues again stating I fired her again. Does ANYONE know any legal recourse around this? According to our lawyer she can sue once a year for the rest of her and my life...


surebought

Nov 22, 2011, 8:13 AM

Post #6 of 7 (1568 views)

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Re: [BANE] Anyone versed in Mexican law? Having legal troubles...

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I had a business for 22 years in Mexico. You can hire people for up to 3 months on a probationary basis without incurring the Coniliations and Arbitraje problems. This is the way to hire because if they don't work out, you don't have to adopt them which is just what having employees is like. It is way better to keep relations with employees to a minimum. Don't make them your friends. Don't get to know them too well. Don't let them learn your weaknesses. But be fair and negotiate when you are unhappy with them or vice versa, because every time Conciliations and Arbitraje gets triggered, its a long and stressful process for you. And you never know what these Arbitrators will do. If you have a restaurant then you have to worry about theft. But you can't fire them for stealing even if you catch them on a video tape. And every year they work for you they build up employee liability for you. This means that your business is almost impossible to sell when the time comes, because nobody wants your employee liability. The buyers figure, if I really want that business, I will just open the same business across the street, and start fresh with my own gang. If you can't move family members in to watch things when you are not there, then I would get out of the Restaurant Business. Its too hard anyway, and when you throw C and A into the mix and you are an typical American lineal thinker, (Right - Wrong- Black - White - Weak - Strong), then you may not be cut out for business in Mexico. You're the one that has to adapt, and your goal should always be to make money, not to go against the system.


NEOhio1


Nov 22, 2011, 11:44 AM

Post #7 of 7 (1512 views)

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Re: [surebought] Anyone versed in Mexican law? Having legal troubles...

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Have to wonder what it would cost to pay her off for good.
 
 
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