And this is justice?

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roy5 Member

Member since 07 August 2024

roy5Member07 August 2024 20:39:29

I joined this site because I felt I should share a recent experience in the Panamanian Labor Court. Although we might all feel we are familiar with the ways of our adopted country, let this story serve as a reminder to remain cognizant of how we go about things.

I must shorten the story significantly risking reading it seeming disjointed, specifically pertaining to background information.

My wife occasionally used the services of someone who is a truck driver to take her places in David where she wasn’t comfortable driving. This was an infrequent arrangement when he wasn’t working and when she needed him. They always used our vehicle, never his and she insisted he accompany her and not remain in the vehicle alone. However, one day he said he was feeling ill, and she allowed him to remain in the vehicle. A few days later she received an email from the bank asking her to confirm she had been making high value purchases and numerous ATM withdrawals with her debit card. It hadn’t been her and she immediately had her card canceled. She then reported it to the police and informed them that she suspected her driver as the withdrawals were made in locations where he told her he would be going to.

After the driver was confronted by the police he took a vindictive path, went to the Labor Board reporting us for wrongful dismissal and suing for unpaid vacation and 13th month. This case was pertaining to wrongful dismissal. We discovered that he had paid or threatened witnesses to either to support his claims or not to act as our witnesses. Evidence against his claims looked to be damming especially as ATM video showed him to be the one making the withdrawals. But within a few minutes of the witness testimony ending the judge found in his favor, not even considering viewing the ATM videos.

The entire process was a farce, first he was never an employee, no more than a plumber, electrician or taxi driver might be viewed. Per this decision we have no right to determine who drives our personal vehicle! If we decide to change hairdresser, doctor, dentist . . . we can be accused of wrongful dismissal!

Rush Alvarado Active member

Member since 25 August 2023

Rush AlvaradoActive member29 August 2024 05:27:48

@roy5 Wow. I just read this and I can tell this is really possible. But let me point some things out here:

BTW... when I say "you", it's not you directly but all expats in general.

Do not make "gentlemen agreements" with Panamanians. Make a short note and use is as a contract, photograph ID cards, Try to sign the contract at a notary, they have this service and it's pretty quick. Panamanians often see expats as the chicken of the golden eggs, trust me it happened to my dad and my dad was Panamanian!!! Do not give charity, do not give clothes or shoes. You can give something for Christmas but cannot make this the norm.
You better have a good lawyer, private one, recommended by someone of trust. Do not ever in your life use the public lawyer. You'll lose. I had my own public lawyer siding with a guy who stole equipment from me and I had to fire her and get a private lawyer. And in another case, I had a lawyer ditching my case and selling info to counterpart. So having a honest lawyer is part of the trick.
You cannot think you come to a happy village where everything is happy. You are coming to a country with people with good feelings, bad feelings, good decisions, bad decisions, debts, dreams, loans, values, no values at all. This means that if you see that there's any weird movement, weird pattern, step aside and write everything down. Remember that the exception makes the rule.
Be careful with the area you are. If you are in David, Boquete, Pedasí, San Lorenzo, Azuero Peninsula, Colón or Panama, have in mind that there's a lot... and I mean A LOT of drug money that comes along with... drug dealers behavior. You have to make sure you can trust the person.
Even if your case was wronged by corrupt justice, you still have options to appeal and also raise a claim with the bank because all your transactions are secured and they can reverse this and start an investigation on their own.

I'm sorry to read your experience but even me, a Panamanian, don't trust Panamanians.

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