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guest of Japan

Joined: 28 Feb 2003 Posts: 1601 Location: Japan
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Posted: Sat Apr 23, 2005 1:52 pm Post subject: Can anyone recommend a good lawyer? |
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Problems with my employer of two plus years are escalating real fast. I'll be taking them to a boiling point on Monday when I meet with some people in my high school to either solve the problems or push them to the boiling point.
The whole story is quite complex. If you want to get a feel of the situation check out "LSJ Beware" on GaijinPot, and "I just signed this contract" on Japan Today forums.
So if anyone has a recommendation of a good English speaking lawyer in the Chiba Tokyo area, I'd very much appreciate it. |
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canuck

Joined: 11 May 2003 Posts: 1921 Location: Japan
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Posted: Sat Apr 23, 2005 2:58 pm Post subject: |
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Why wouldn't you join the General Union? This would be their expertise. |
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JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
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Posted: Sat Apr 23, 2005 4:14 pm Post subject: |
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Or if not join the union (a good idea, IMO)... contact them.. They might have a lawyer somewhere in their Rolodex that they can give you the name/ph. nbr for... Most unions (at least in N. America) have a bunch of em on standby. |
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guest of Japan

Joined: 28 Feb 2003 Posts: 1601 Location: Japan
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Posted: Sat Apr 23, 2005 10:44 pm Post subject: |
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Thank you. I had already planned to contact the union later this morning. However I don't have high hopes for union involvement since I will be unable to form a union branch, because, my employer has kept all workers from ever meeting. I have heard rumors of pending litigation being carried out by the union, but am uncertain of the reality. Unions by their nature support groups of workers collectively bargaining for better working conditions. I'm an individual simply seeking compliance with the laws. My employer is a very spiteful man, and every action I take will have powerful repercussions so I wish to prepare myself for litigation. |
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Doglover
Joined: 14 Dec 2004 Posts: 305 Location: Kansai
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Posted: Sat Apr 23, 2005 11:07 pm Post subject: |
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I dont know of any lawyers in Tokyo but I do know one in Osaka that won a $50,000 settlement for his client against a big language school franchise in Osaka. I can give you the number if you are interested.
FWIW an employer can not stop you setting up a branch in your school nor can he refuse to negotiate with the union once action is initiated. he may be spiteful but he must obey the law. The General Union has broken the backs of many employers who refused to participate or ignore their demands. If you choose not to join that is your loss and the union can not help you. |
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bearcat
Joined: 08 May 2004 Posts: 367
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Posted: Sun Apr 24, 2005 5:47 am Post subject: |
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guest of Japan wrote: |
Thank you. I had already planned to contact the union later this morning. However I don't have high hopes for union involvement since I will be unable to form a union branch, because, my employer has kept all workers from ever meeting. I have heard rumors of pending litigation being carried out by the union, but am uncertain of the reality. Unions by their nature support groups of workers collectively bargaining for better working conditions. I'm an individual simply seeking compliance with the laws. My employer is a very spiteful man, and every action I take will have powerful repercussions so I wish to prepare myself for litigation. |
Contact them. Its stupid to put off and not. Anything they can say or suggest would be helpful. They don't handle just groups of teachers issues either. You've made too many assumptions on too little information.
Now about lawyers. I don't have very positive information.
First, you have to be willing to pay alot of money to said lawyer. Probono or pay on win type things are few and far between here.
Second, the lawyer will always first try to settle for you and discourage you from going to court. The reason is that here, its all up to the judge.... and that's not always a good thing. If your paperwork and documentation isn't up to snuff and all you have is anecdotal, the judge will side with the owner.
If you lose at the first level and want to appeal you can do so for two more levels... all judge only. If you lose at the final level, be aware, that the owner of the school and his lawyer can ask the judge to make you pay for all their lawyer fees and court costs.
If you are sqabbling over say 250,000 bucks, you'll pay that to the lawyer just in the first initial stages easily.
In otherwords, it is very highly likely that you'll spend more money than you've lost to begin with.
Now I'm not saying that it isn't advantageous but that you need to understand the court and lawyer culture here before jumping and considering that avenue. All that considered going the route of the Union should sound a bit more practical first. But if you're planning to sue the guy out of principle, then money should be no object right? |
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guest of Japan

Joined: 28 Feb 2003 Posts: 1601 Location: Japan
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Posted: Sun Apr 24, 2005 6:44 am Post subject: |
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Thank you all for your responses and private messages thus far. I have contacted the labor union and they agree that I have grievences. The extent of which they felt they could not discuss fully. Of course they recommended joining, but were honest in the fact that if my situation is to immediately explode, there isn't much they can do. They also recommended that I act with prudence since my employer has the upper hand.
It's not necessarily that I wish to sue. I just want to protect myself from illegal actions by my employer. I'll keep everyone posted of developments. Thank you. |
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