Plaintiff seeks to recover actual, compensatory, liquidated, and punitive damages for discrimination based upon discrimination concerning his disability. Plaintiff submits a request to the court for lost salary and benefits, future lost salary and benefits, and compensatory damages for emotional pain and suffering.
Puerto Rico Complaint For Discriminatory Discharge Based Upon Race and Physical Handicap Jury Trial Demand
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FAQ
WARN applies in Puerto Rico, including its payment in lieu of notice provisions, which provide that an employer that violates the WARN notice requirement is liable to each affected employee for an amount equal to back pay and benefits for the period of violation up to 60 days.
The statutory severance formula for employees hired on or after January 26, 2017, regardless of years of service, changes to three months of salary plus two weeks for each completed year of service. The statutory severance is capped at nine months.
Act 80 (the Unjust Dismissal Act) regulates employment termination of employees hired for an indefinite term. Puerto Rico is not an 'employment at will' jurisdiction.
? PUBLIC LAW 87 AUTHORIZATION TO RECRUIT AND TRANSPORT ? It is unlawful for any person, any organization, or the agent of a person or organization, to recruit or transport laborers for employment outside Puerto Rico without authorization by the labor secretary.
Under the Law No. 4 of 26 January 2017 amendments to the Unjust Dismissal Act, employers with multiple locations in Puerto Rico must generally consider the employees within the particular location that is to be impacted for the order of retention analysis.
For employees who at termination of employment have between 5 and 15 years of service with the employer, the Act 80 amount equals 3 months' salary plus 2 weeks' salary per each full year of service.