Jump to content
Chapala.com Webboard

Do we owe our gardener anything?


cyberjack

Recommended Posts

We had the same gardener for 15 years or so, 3 days a week, 2 hours a day. 
he never missed a day and did a decent job.  He is now about 70 years old. 
then about six months ago he came to us and said he was leaving to go to his son in California and didn’t know when he would return. “Maybe never” he said. 
He brought a young guy over (no relative) introduced him and left. 
we have not seen nor heard from him since. 
the new guy charged more, worked less and on two occasions left the garden hose running overnight which caused considerable water damage in the interior walls when we discovered it. so I fired him last week. 
yesterday my old gardener showed up at the door in the early morning. We were still in bed so I asked him to return next week. 

do I owe him given that he abandoned us without notice??

 


 

Link to comment
Share on other sites

you just asked him to return he now your employee again from day one.

yes you him,, check with with legql qdvisor. you should give him something for his service,   you saved money ove rthe years by not paying intio lagal IMSS and pension plan..

legally he could make you pay that if he went to labor court.. so avoid court and pay him his severane by law the full amount he was a good employee.

he working for you again, you just agreed to his severance pay.

 

  • Like 1
  • Thanks 2
Link to comment
Share on other sites

Technically, if they voluntarily quit nothing is owed.  We've had several, all good, so we gave them severance.  We had them sign a document stating they were quitting on their own and acknowledging the severance we gave them. 

If you don't have documentation of voluntary leaving I expect Trader is correct on the potential liability even though he quit on his own accord the first time.

In this case, Trader is giving good advice.  Consult an attorney.

If the guy was as good as you say and he is still able to do the job you'll want to take him back and see to it he is happy.  Sounds like he is worth it.

 

  • Like 1
Link to comment
Share on other sites

Cyberjack. do you really need someone to suggest that you should voluntarily be giving this gardener some kind of severance pay? He sounds like he was a darn good worker. OK, I suggest: Give the man some cash with a big thank you.

As for the other guy, you paid him more than the first guy? Without even a trial? And you did not fire him the first time he left the hose running all night? You kept him around to do it again?

Cyberjack, are you trolling us?

Lexy

 

 

 

  • Like 1
Link to comment
Share on other sites

13 hours ago, traderspoc said:

you just asked him to return he now your employee again from day one.

yes you him,, check with with legql qdvisor. you should give him something for his service,   you saved money ove rthe years by not paying intio lagal IMSS and pension plan..

legally he could make you pay that if he went to labor court.. so avoid court and py him his severane by law the full amount he was a good employee.

he working for you again, you just agreed to his severance pay.

 

Ee did not ask him to return. He just showed up after 7 months of absence. 

Link to comment
Share on other sites

Personally, I would say adios to both of them after contacting an attorney.   People just can't come and go and expect employment, I don't care how good they are/were.  The older employee is bound to leave without much notice again.   IMHO I would find a completely different employee from the 2 you are dealing with as they seem to have your number.   

  • Like 2
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...