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After Losing Labor Lawsuit, Salesman Will Have to Pay Former Employer US$ 230 thousand

03/13/2018 - 08h50

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FELIPE OLIVEIRA
FROM SÃO PAULO

Upon rejecting a lawsuit filed against the Mônaco Diesel concessionaire, the Mato Grosso Labor Court found that former employee and salesman Mauricio Rother Cardoso will have to pay approximately R$ 750 thousand (US$ 230 thousand) to the company.

During the trial, which began in the 1st Labor Court of Rondonopolis in 2016, Mr. Cardoso complained, among other things, that his sales commissions were unilaterally reduced, that work conditions were poor and that he was denied a trip to Rome, which he was entitled to due to his performance at the company.

Most of his requests were denied, including adjustments he had proposed in terms of sales commissions and overtime he said he was owed, as well as estimated damages.

Mr. Cardoso will have to pay the concessionaire due to legal modifications that were introduced by the labor reform bill that was approved last year.

The labor reform bill stipulates that in the event that an employee loses a lawsuit, they may be forced to cover the other party's legal fees.

The amount to be paid depends on the amount in damages requested in the lawsuit. In this particular lawsuit, the plaintiff claimed that he was owed R$ 15 million (US$ 4.6 million).

Judge Adenir Alves da Silva stipulated that the plaintiff would have to pay 5% of the amount in damages he requested. In his ruling, the judge said that the 120-day period between the approval of the labor reform bill in July and its implementation was more than enough time for the employee to reassess the risks of suing.

Translated by THOMAS MATHEWSON

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