So, I'm being sued by the cleaning lady..

[Recoleta Carolina]

..who is demanding more than $50K.

She cleaned my apartment sometimes once a week over the course over a year and a half, and did some administrative work for some months. I wanted to end our agreement because I thought it was very expensive. For the same reason she did not want to end it.

Finally I had to change locks on my apartment. After I left town and had friends staying in the apartment, she forced her way in by sneaking in the street door and pursuing them to the 2nd floor. We had to call the PFA to have her escorted out of the building.

So now she is demanding 50 000++ in back payments in a proceso laboral, claiming that she was employed full-time by me, and should have 1800 per month plus benefits.

Even if it sounds absolutely ludicrous, I have a feeling that things aren't that simple.

My friends in the restaurant business tell me that they recently have to settle cases all the time, and that the employee practically always wins. Any suggestions would be greatly appreciated. I'd hate to lose the apartment.

The issue is that you own an apartment. If you owned nothing the lady would not sue you. I have posted several times about frivilous lawsuits in Buenos Aires. Some people have tried to make me seem silly. But, the fact is that if you are a foreigner and you own property in Argentina, you will always have someone who wants to take what you have. That is the way it is.

I would have your lawyer talk to her lawyer. It can be a long process. Sometimes it is easier to settle.

 

[gusgutier]

Sometimes it is easier to settle.

Most of the times when they ask for 50k, they are trying to get 5k.

 

[Cheney]

Is she monotributo? has she been declaring her taxes, is so I doubt for $1800 month.....turn it round on her an report her to AFIP.

At $1800 month thats over 2 years she claims she hasn't been paid...she worked for you for free for 2 years......I doubt she can prove that in a court..

Jez has a good point. We bought our apartment from someone that did not pay their taxes for years. The result was that he had to turn over about 30k to the government in back taxes.

 

[Cheney]

The issue is that you own an apartment. If you owned nothing the lady would not sue you. I have posted several times about frivilous lawsuits in Buenos Aires. Some people have tried to make me seem silly.

A local told me that many of the kioscos in the city are a result of number of employer/employee settlement cases. The employee takes the money from the settlement and sets up their own little kiosco.

 

[citygirl]

Were you employing her en blanco? Is your company registered here? Are you here on a work visa? If not, you may face fines of your own. I hate to say this but it may be cheaper and less hassle to pay her a fine and make it go away.

 

[syngirl]

If you go to the BANewcomers yahoo group and do a search, there should be some posts from someone else who was also sued by their maid a while back. I think somewhere in the posts there were recommendations as to who to contact etc. Have a look, perhaps you will be able to get in touch with the man who was originally sued and find out what the results were. Good Luck

 

[Elpanada]

Yeah it's true about the employee always winning regardless of the case in Argentina so well you don't really want this to go through court, I mean talk to a good lawyer or two that aren't that money hungry and ask them their advice.

Also try to just rid yourself of the problem, a contract stating the disagreement and it's end and maybe your loss of a thousand or 1.500 pesos or something fuck it it's all good, cost of doing business.

If that does not work then have a talk to some of your friends and set up some shit for her, a few threats of physical harm, perhaps being pushed, minor property damage and so forth, harassment, she'll start to see things in a new light, don't fucking kill nobody though.

 

[nikad]

An idea to get rid of this is to tell her that if you get sued you will move back to your country ( yes, being an expat could be used in your favor ), therefore she will never see a cent ( you are only tied to the local law while you reside in the country ), also let her know that you have many witnesses that saw she was just working once a week and that she was filmed trying to get into your apartment without permission Then give her a minimum of what she is asking for, I would offer 1000 pesos, not more. Do all this through a lawyer, and make sure he is honest, you son´t want to get rid of her and then have to deal with a vulture

 

[Bndnxfba]

It saddens me that you are going through this as the relationship was mutually beneficial and now you sound screwed. I hope that is not the case. My mother-in-law is a lawyer but mostly does mediations but her English is limited.

Hi, I am not licensed by any means, or certified, but if you need help translating, please feel free to email me. I am fluent and I translate currently for the museums, so please let me know if you need some help.

 

[jez]

Were you employing her en blanco? Is your company registered here? Are you here on a work visa? If not, you may face fines of your own. I hate to say this but it may be cheaper and less hassle to pay her a fine and make it go away.

You shouldn't need to have a company registered here to have a cleaner ? you are paying for her services..ie if she was a monotributo you would be contracting her services as a cleaner.. in the same way you use the services of a laundrette, you pay them to clean your clothes....if she wasnt a monotributo get her to provide the contact she signed with you...Oh 'she doesnt have one'..??? so techinically she didnt work for you..??