Suing employer, private individual

[tanvimil]

I've read that it's easy to sue your employer here in Argentina. What if the employer is a private individual and not a company? Can I sue that person for breach of contract if he is a foreign national living here in Argentina?

 

[French jurist]

If the contract is governed by Arg. laws, I don't see why you wouldn't be able to do so.
But in case the foreign national has nothing here (no bank account, no property), it would be difficult to enforce a Court decision in your favor.

 

[notebook.fix]

I know someone who's a private individual...he made the mistake of hiring a maid who's now suing him after he sacked her. Obviously he's not very happy. If there is anyway to kill off foreign investment & discourage any potential employers, the Ks will go to the ends of the earth to find a way to do so.

Watch out..the usual script they follow is the maid starts working for you, then follows her lawyer's instructions & will suddenly call & announce that she can't work for two or more weeks due to health problems etc...this will force you to sack her & then the abogado takes over. It doesn't happen to everyone but it happens. Be careful.

I've read that it's easy to sue your employer here in Argentina. What if the employer is a private individual and not a company? Can I sue that person for breach of contract if he is a foreign national living here in Argentina?

 

[tanvimil]

French Jurist, thank you for your reply. Do you have any tip on a good lawyer to see that regarding this? How do they work? You only have to pay them if you have a case?

Also, can we leave politics out of this please?

 

[Roxana]

Tanvimil. I can recommend you a good lawyer, but he only speaks Spanish, I can PM to you his contact info if needed. Generally the first visit is a consultation free of charge. If you want to go ahead, you agree first to usually pay a fee and a percentage of the amount you are asking for to your soon to be former employer. Also you may choose to sign a contract of agreement with your lawyer. There are some lawyers in this forum that can correct this. I only want you to have a first sight of the situation.

 

[notebook.fix]

I'm sorry, you are right, I should refrain from the politics
I know a good lawyer here in town...just one question..

ARe you looking into suing an Employer?
Or are you being Sued?

French Jurist, thank you for your reply. Do you have any tip on a good lawyer to see that regarding this? How do they work? You only have to pay them if you have a case?

Also, can we leave politics out of this please?

 

[French jurist]

French Jurist, thank you for your reply. Do you have any tip on a good lawyer to see that regarding this? How do they work? You only have to pay them if you have a case?

Also, can we leave politics out of this please?

You can also call a friend of mine who is a lawyer specialized in Derecho Laboral :
Jose Virginis
Tucuman 1427, 3rd floor, ext. 306 (2nd office)
cell : 1557 564 268
fijo : 4375 0822

The good thing is that he also speaks English (his hobby is being a Lifeguard and he spent many months too in Australia, likely to train).

 

[citygirl]

I believe the OP is looking to sue his/her employer.

To the OP - do you have any type of contract? Was this formal employment?

I don't know the specifics of your case and I hope they are legitimate but as French Jurist said, even if you sued and won, if your "employer" has no bank account or property here - you probably wont' be able to collect.

 

[tanvimil]

Thanks everyone for your replies.

I believe the OP is looking to sue his/her employer.

To the OP - do you have any type of contract? Was this formal employment?

I don't know the specifics of your case and I hope they are legitimate but as French Jurist said, even if you sued and won, if your "employer" has no bank account or property here - you probably wont' be able to collect.

Yes I am looking to sue. I don't have a formal contract but plenty of evidence in emails sent back and forth. And as far as I know, a "verbal" contract is as good as any contract (as long as there is proof).

Do you think any lawyer would take this case when the employer has no bank account or property here? I would assume (and hope) that there is a chance he would want to settle if he gets a call from a lawyer.

 

[French jurist]

Thanks everyone for your replies.



Yes I am looking to sue. I don't have a formal contract but plenty of evidence in emails sent back and forth. And as far as I know, a "verbal" contract is as good as any contract (as long as there is proof).

Do you think any lawyer would take this case when the employer has no bank account or property here? I would assume (and hope) that there is a chance he would want to settle if he gets a call from a lawyer.

Give a call to Jose (contact info above) and ask. Anyway, first meeting with a lawyer is usually free (calling is free too).