cyberjack Posted February 11, 2023 Report Share Posted February 11, 2023 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?? Quote Link to comment Share on other sites More sharing options...
RickS Posted February 11, 2023 Report Share Posted February 11, 2023 Attorney time.... Or get conflicting non-professional opinion on an Internet Board. 2 2 Quote Link to comment Share on other sites More sharing options...
SunFan Posted February 11, 2023 Report Share Posted February 11, 2023 Fifteen years of devoted service, never missed a day. Seventy years old and trying to retire. I would sure give him some sort of retiring allowance. SunFan 3 Quote Link to comment Share on other sites More sharing options...
traderspoc Posted February 11, 2023 Report Share Posted February 11, 2023 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. 1 2 Quote Link to comment Share on other sites More sharing options...
Natasha Posted February 11, 2023 Report Share Posted February 11, 2023 1 hour ago, SunFan said: Fifteen years of devoted service, never missed a day. You REALLY have to ask??? What does that tell you about yourself? 1 Quote Link to comment Share on other sites More sharing options...
Mainecoons Posted February 11, 2023 Report Share Posted February 11, 2023 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. 1 Quote Link to comment Share on other sites More sharing options...
cyberjack Posted February 11, 2023 Author Report Share Posted February 11, 2023 That sounds right. Would you have a copy of that letter that I might use? Or a source where I could find one? thanks for providing a reasonable answer without judging. Quote Link to comment Share on other sites More sharing options...
Lexy Posted February 12, 2023 Report Share Posted February 12, 2023 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 1 Quote Link to comment Share on other sites More sharing options...
SunFan Posted February 12, 2023 Report Share Posted February 12, 2023 6 hours ago, cyberjack said: do I owe him given that he abandoned us without notice?? You got answers, not judgement. SunFan 6 hours ago, cyberjack said: 1 Quote Link to comment Share on other sites More sharing options...
NEWMtnMama Posted February 12, 2023 Report Share Posted February 12, 2023 Here is what I would do. First, rehire the old gardener at the higher rate you were paying the young guy. Then pay him his vacation and year-end bonus if you haven't already. Welcome him back. Quote Link to comment Share on other sites More sharing options...
adolphsj Posted February 12, 2023 Report Share Posted February 12, 2023 You need an attorney….. 2 Quote Link to comment Share on other sites More sharing options...
cyberjack Posted February 12, 2023 Author Report Share Posted February 12, 2023 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. Quote Link to comment Share on other sites More sharing options...
cyberjack Posted February 12, 2023 Author Report Share Posted February 12, 2023 6 hours ago, NEWMtnMama said: Here is what I would do. First, rehire the old gardener at the higher rate you were paying the young guy. Then pay him his vacation and year-end bonus if you haven't already. Welcome him back. We paid him these last December just before he walled out on us. Quote Link to comment Share on other sites More sharing options...
Ferret Posted February 12, 2023 Report Share Posted February 12, 2023 I'm sorry and I know it's early and I am still waiting for the kettle to boil... but I don't get the timing in the last two posts. 7 months absence or last December??? Quote Link to comment Share on other sites More sharing options...
cyberjack Posted February 12, 2023 Author Report Share Posted February 12, 2023 Yes. He came in seven months aga and said he was going to be with his son in California and when asked for how long he said de didn’t know, - maybe never. He has now returned more than 7 months later. Quote Link to comment Share on other sites More sharing options...
ibarra Posted February 12, 2023 Report Share Posted February 12, 2023 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. 2 Quote Link to comment Share on other sites More sharing options...
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