Summary Procedure Trips Employers
Even though, the legal process was enacted more than forty years ago, employers regularly get hammered with its provisions. I'm refering to the summary process of labor claims, Act No. 2 of October 17, 1961. This law sidesteps ordinary civil procedure for a streamline process which contains what I call a "sudden death" provision. If an employer fails to answer a complaint filed under Act No. 2 within 10 days of being summoned, the court must enter judgment in favor of the employee.
A recent case illustrates my point. In Teresita Cabrera v. Zen Spa, 2006 TSPR 150, a plaintiff sued its former employer for wrongful discharge, accrued sick leave and vacation, Christmas bonus, Cobra and other violations. When the employer failed to answer the complaint within the allowed 10 days, plaintiff moved for summary judgment. The court then entered judgment against the spa.
It did not matter whether the claims were valid; or that the answer to the complaint was filed just four days after the prescribed period; or that there were a series of complex claims joined in one process that required considerable time to respond; or that there was some confusion as to the wording of the process (giving reason to think it was an ordinary case). The only thing that mattered was that the employer answered the complaint after the tenth day. Period.
I personally think that this provision does more harm than good and lends itself to abuse. The ten-day limit was enacted as a counter measure to ruthless delay tactics by employers. Unfortunately, once employers pass the initial time hurdle, the case is not much different from the regular civil process.
Of course, there are exceptions and not all employment claims can be included in the process but the law exists and employers need to be aware of it. Rather than explaining all the ins and outs, I just want the reader to realize the severity of the processs and talk -immediately- to an employment lawyer upon receiving a summons and/or complaint of a former employee.
