Indemnizacion

This thread is getting more interesting by the minute.
The suspense is killing me, ...... and I`m very curious how it all will end up.

"THE LAW IS A DONKEY"
If they are liable for $450,000 why settle for meager mediocre ($20,000 or $30,000 or ....) Indemnizacion.
Why not aim much much higher and make it all worthwhile your time?
 
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Orionch said:
I get all that, but couldn't they report me for being here on an expired tourist visa? I just don't want to put myself at risk of deportation...
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Sure, then they have to pay 450.000 plus they are going to have inspections twice a month while paying you is about or less than 10% of that.
 
khairyexpat said:
This thread is getting more interesting by the minute.
The suspense is killing me, ...... and I`m very curious how it all will end up.

"THE LAW IS A DONKEY"
If they are liable for $450,000 why settle for meager mediocre ($20,000 or $30,000 or ....) Indemnizacion.
Why not aim much much higher and make it all worthwhile your time?
Click to expand...

Because the labor law says how much is the indemnization. However, you are right: here is a damage because they must do the working visa for him, in that case there is no limits in the indemnization but it goes by a common civil case. The difference is gratuity of the labor trial, speed and presumptions in favor of the worker: the employer is who has to evidence he was not working for him while at civil cases you have to evidence everything.

The law is not a donkey, labor law is common law while the fine is Federal. So, what you see is a conflict of 2 different law’s system (roman and barbarian).
 
Dr. Rubilar:
"THE LAW IS A DONKEY or AN ASS" is a universal common say.
Is NOT meant to be offensive.
It means that one can NOT reason or work out logic or opinion or extrapolation or conclusions .... etc etc. no matter how illogical or unreasonable.
That is why it is a DONKEY !!!!!

P.S. Personally I`m very much appreciative of your extremely bountiful ungrudging professional legal assistance over the years (for free nonetheless).
You`ve been more than generous.
 
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Labor law in the United States is similar. If you work for someone you have the rights of a laborer which is separate from the question of residency status. California is particularly sided towards the laborer.
 
Bajo_cero2 said:
Sure, then they have to pay 450.000 plus they are going to have inspections twice a month while paying you is about or less than 10% of that.
Click to expand...

Wow, thank you so much for all of the information! I wanted to get in contact with someone to find out more details about my situation and see how I should proceed... Is the number you left for Dra. Maulicino someone I can call about that?
 
She does labor law. She is very (but very) informal (typical labor lawyer) but she has experience dealing with lawsuits without legal residency and she is honest.
 
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