Seeking advice re: terminating unqualified gardener

Help! I have a property currently being rented, just went down to see it after nearly 3 yrs absence. Found that gardener does nothing but sweep 8 hrs/week while extensive collection of beautiful tropical plants & trees are literally dying from neglect. Apparently, he was not as qualified as he pretended to be when hired. Found better qualified gardener to come in 4 hrs week to try to save garden from total devastation, allowing old gardener to continue 4 hrs/week doing very basic clean-up (all he can do!). The catch is, the two are brothers and old gardener was refererred to me by new gardeners wife, who is my housekeeper! (oh, how tangled things become in Mexico!). Old gardener found out new gardener is his brother and refuses to share position with him- apparently there is 'bad blood' between them now or has been for awhile. Property manager recommending old gardener be 'let go' I guess, fired? Problem is, I see trouble brewing, not just in their family. I don't want accusations of 'termination without just cause' and legal issues arising. All is going through property manager, she says to terminate quickly or he might take revenge on me/my property. Jayzus!

Terminate the old gardener Asap.

Make a list of what he does not do or does wrong, if he is late, does not show, or leaves early, or does not follow orders of directions. Get rid f him ASAP.

If he comes back at you for money present your reasons.

I would also question why the property manager didn't know this was going on and do something about it!

mexilady wrote:I would also question why the property manager didn't know this was going on and do something about it!

Along with terminating the gardener, I'd change property managers.

Go and see a lawyer and do this properly. It will be worth it in the long run and costs a pittance.
I agree with Gringal and, imho, I would not hire ANYONE without a reference so you can question that the person is qualified to do the work, in a timely manner and in a consistent manner.
Suerte!

First questio is, who is the employer? You or the property management company. If the latter, it my be with contract and that would make things easier.

It is time to move on from everyone in the family who works or has worked for you and fire your management company.  Have an attorney determine their severance figures.  Yes, even the housekeeper.

If you're going to fire relatives, make a clean sweep of all of them, as Solajijic suggested, or there will be consequences you won't want. Then, change all the locks. Believe me, that last step is essential.

Problematic situation and I don't see any easy way out that wouldn't result in retaliation.

I think if it were me, I'd try to buy them all off. Hire a lawyer to negotiate a price to make them ALL go away with the understanding they are not allowed to be on the property. Ever. Change locks. If you can make them happy with the money maybe they won't retaliate.

If there's a dog take care that it doesn't get poisoned. Muy buena suerte.

Good news. The gardener just resigned. Not in writing, but verbally, to the property manager. Now my question is: who pays him his aguinaldo- me, the property owner, or the tenant who paid his salary directly the past 2 yrs?

If he quits I believe he is owed nothing although they might want to get his resignation in writing.

Proportional Aguinaldo is still owed... as is proportional vacation pay.

This is a real can of worms. Do not ASSUME anything. Go and see a lawyer NOW and start over. If you don't have payment and hours signed for... and Aguinaldo signed for... and vacation pay signed for... for ANY of the employees then you are in a very vulnerable position and your management company has put you there.

Clean slate is required, as stated in the above posts.

Agree. CYA.

The only thing you don't have to pay when the employee quits is finiquito.

Sorry, I had confused the two.

Thanks, all. Have asked manager to have him sign. Sure don't want legal hassles with this!

Trailrunner wrote:Agree. CYA.

The only thing you don't have to pay when the employee quits is finiquito.

That is not what I hear. Regardless of whether you quit or are fired the employer has to pay finiquito according to 2 lawyers working on a case here. A 16 year employee in my fraccionamiento quit. The Board hasn't paid him his finiquito as they claim they have no money. Meanwhile 2 lawyers are taking up this employee's claim for finiquito. They are certain the employer has to pay finiquito. Their claim for finiquito is working it's way through the court system. First in Guadalajara and then in Chapala. It will be interesting to see how this is resolved. Maybe it depends on certain circumstances.
I will post where this ends up.

If a person quits, then no finiquito is owed. What IS owed is the proportional Aguinaldo and the proportional vacation pay. Of course, people do lie, after the fact, that they didn't quit.
If someone informs you that they are quitting then get it in writing then and there and have them sign and date it. Cover your a$$.