Suing employer, private individual

[Boudica]

I’m not an employment law expert, but I would think that a foreign national resident in Argentina acting as an employer should be able to be sued - due to the fact that he is acting as an employer in Argentina - if he has infringed any duties or obligations under Argentine employment law.

Then, there is also the question of suing under contract law for breach of contract – whether you can sue before the Argentine courts (as opposed to the courts of another country) would depend firstly on whether the contract contains a choice of jurisdiction clause (and if the choice is valid). Even if it does not have a choice of jurisdiction clause in favour of Argentine courts, the Argentine courts may hear the case if there are other links with Argentina (e.g., Argentine resident employer, the law of the contract is Argentine, the place of work/employment is Argentina, the employee is Argentine, would give strong arguments for the Argentine courts agreeing to hear the case).

I agree with French Jurist re enforcement... which brings us to the question of whether it’s worth it on the facts.

I am more than happy to put you in touch with a litigation lawyer at my firm who speaks English if you’re still looking – send me a PM.

Good luck!

 

[tanvimil]

Yes, thanks for that French jurist. I will call him tomorrow. I need to cool down a bit

Boudica, I sent you a PM.

 

[jaredwb]

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.

Speaking from past experience...GOOD LUCK! With no property or bank account here you won't get 1 cent, even if you do ever get to court (which could take a year or 2), being the person has no "legal presence" in Argentina...what are you going to sue him for? And a lawyer's call isn't as effective as you might think.

And without a legal contract (no matter how many emails you have) it doesn't matter.

My EX-partner is being sued by at least 10 employees and their suits have gone nowhere (though I wish he would rot in hell).

Honestly, I wouldn't waste your time or money...it's not going to go anywhere.

 

[tanvimil]

Spoke to two lawyers who both recommending sending letter to the guy. And that will cost money and it's not very likely it will lead anywhere. I am probably better off just moving on.

Thank you everyone for your help.