Legal Question in International Law in Mexico

No paychecks =( How?!

I am a dual national (MX/US)working in a company in Mexico that owes me and and my US/MX several colleagues 2 months pay plus commissions. The company is a LLC in Mexico, subsidiary of an American company. Both co.'s are going down the toilet because the owner has grossly misallocated our company funds. Our only proof of anything, including our employment, is emails and some pay stubs. The owner has assets in both US & MX, plus another multimillion $$ investment starting up. He's in Mx with an FM3. We want to avoid a lawsuit because Mexican law is alarmingly inefficient. We just want our pay. What are our options in the US? In Mex? What do we need to proceed with a lawsuit? How can we avoid one? Is it possible to get him on fraud? Can the US Embassy help? How possible is it to get him banned from the country? How?

Thank you in advance for your kind reply.


Asked on 9/27/08, 3:00 am

3 Answers from Attorneys
Humberto Reyes

Re: No paychecks =( How?!

In M�xico if you don�t hav paychecks it�s not a problem. It�s true that mexican law is inefficient but labor-law is incline to protect the employee, so you have a better chance of getting your case solved in your favor in mexico. With the emails that you mention and pay stubs we can file a labor-complaint (not a lawsuit)with and arbitrator. If you are only seeking payment the procedure is very easy. We go with the official arbitrator, they will give us a notification that must be given personally to the company owner and the arbitrator will hear the case in no more than 10natural days.

If there is no conciliation then we can sue the company in Mexico and its subsidiary in the states here in mexico. I have had several cases like yours and we always get what the client wants. We are based in Tijuana M�xico, if you are in another state then we can arrange a trip or recommend a lawyer near you or give you guidelines for you to handle your own case without a lawyer.

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Answered on 9/27/08, 12:40 pm
Carlos Hernandez-Ojeda Carlos Hernandez-Ojeda, Foreign Legal Advisor

Re: No paychecks =( How?!

You have several options. I need more information about the particulars but you and your co-workers should definetly contact me to talk about this.

My office information is on my website at HernandezOjeda.com I will be in my office all day on monday.

Carlos Hernandez-Ojeda

Foreign Legal Advisor

Licensed Lawyer in Mexico

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Answered on 9/28/08, 12:51 am
LUIS ANTONIO GONZALEZ M. LAGM.com

Re: No paychecks =( How?!

Before anything else, thanks for writing me at LawGuru.com.

If problem was in Mexico, in Mexico is the solution. No options for a lawsuit because LLC is under Mexican Law. Doesn't matter if LLC's owner is in US.

Sometimes is possible a fraud process, but depending on specific case and previous analysis.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at LawGuru.com.

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Answered on 10/01/08, 4:41 pm


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