Job Discussion Forums

ellethecat · Joined: 11 Apr 2004 Posts: 75 Location: edmonton

Hi. I have been an active supporter of my employer on line here, and recommended my company for a few reasons. I actually like my job quite a bit, and planned to stay at least another year. I had a performance review yesterday and was quite shocked that I was given a bad evaluation. I agree with some of the info cited, but I dont beleive it was major enough to warrant dismissal. Still, I asked my supervisor if it would put my renewal in danger, and she said yes. I asked her if SHE beleived it was possible to implement the desired changes by my renewal date, she was very negative. I expected her to say that if I gave it my all, then yes. *i beleive they are all implementable things....* ...she was very hesitant. I rephrased two ways, if I commit to changing these things, can I stay, and she would not say yes.
I was extremely surprised. I take this as meaning it has been decided, even though there is one more review before its official.

I had asked her a few months ago, when it was requested that i decide if I want to RENEW my contract, if there were any problems, and she had said that there were no perfomance based issues. *ie. there is someone else who decided on administrative issues, like lateness, etc...*

a few questions: As this was a surprise, I beleive it is not based so much on my performance, as other things like sickness. I have had reccurent Bronchitus and lung infections since I arrived, and had a bad reaction to some medication. I think Ive perhaps missed as many as 10 days*unpaid*. They would all be verifyable by medical receipts. Is this enough to dismiss me? does it seem likely they would inflate performance issue to get rid of me because they cant say the real reason?

The other concern is that I have complained about workplace issues and may have just made her mad enough to want to get rid of me.
Is there a Japanese equvalent of a hostile workforce I cna claim if she is punitive towards me.

Do I have any recourse? What would people out there do? I bought furniture and planted myself since I like where i live, but its too rural to get another esl job here.

I signed up online for the teachers union a few days before this occured, because I know Japanese frown on sick days. However, i dont understand if it really can help me, or even if they can advocate on my behalf, since I did not pay or activate the membership before the issue occured.
I know I can go after them on other issues such as safety and labour laws. What would other people do?
Opinions would be appriciated.

Birdog3344 · Joined: 28 Jun 2004 Posts: 126 Location: Osaka, Japan

Elle,

I'm certainly no expert on the policies of small rural Japanese schools, or the legalities of firing an employer, you should contact the union to find out what legal recourse you have. In the mean time my advice would be, first of all, to not jump to any conclusions. You don't know for sure you'll be dismissed (or not renewed). Its probably pretty tough to find a new teacher in a rural area so as long as you're a competent teacher, they may be wiliing to forget any prior issues. Certainly don't rock the boat any more and don't expect the worst.

Perhaps you can arrange some time to sit down with your supervisor or anyone else who might lend you their ear. Explain to them that you're happy there and commited to continuing to provide good lessons. Assure them that your medical problems are a thing of the past and there's no reason why you shouldn't meet all your obligations from here on. Be professional and positive. I'm not telling you to grovel, just make your case and they should understand that your serious.

Also, in the mean time it may be a good idea to start looking for another job, just in case. Good luck, and do talk to the union.

ellethecat · Joined: 11 Apr 2004 Posts: 75 Location: edmonton

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

The Japanese are slow to make decisions, but when they do (like now), they are pretty fixed about them. It is hard to know exactly what is going on without getting a lot more details, but I would suggest that you start looking for another job as a backup. Talk to the union, too.

How much time is left on your visa?

JimDunlop2 · Joined: 31 Jan 2003 Posts: 2286 Location: Japan

Really sucks, elle... But the union will not be able to help you... If it were wrongful dismissal -- sure. But this is a case of not renewing a contract, which is perfectly legal. Do you have recourse? No, not really. As Glenski said, start job-hunting.

Having said that, try not to leave on bad terms with your current employer. They may have given you a bad performace review however it may still be possible to walk away with a letter of recommendation.... As strange as it may sound, if you won't be working there anymore they may not object to helping you get a job elsewhere. That may take chutzpah on your part though. Remember, you're not being fired... Your contract just isn't being renewed.

Akula the shark · Joined: 06 Oct 2004 Posts: 103 Location: NZ

They're under no obligation to renew the contract as are you. By all means grovel if you think you can keep your job, but as Glenski says, I would be job hunting in the meantime.

Iwantmyrightsnow · Joined: 12 Feb 2004 Posts: 202

ellethecat · Joined: 11 Apr 2004 Posts: 75 Location: edmonton

Thanks for the feedback. As someone here pointed out, I understood that not being renewed in Japan was similar to being fired.

I spoke to higher ups in the company and they have backed tracked on some of this. There are a few higher ups that are good people, however as my company gets bigger and less personal, they are trying to make us more into cookie cutter perfect copy teachers and are less human oriented, originally they started out as a pro-humanist company. I know that that is how business works, and I understand to some extent.
However, its discouraging because it was a good job, and now, if at best, I can keep my job, it will be much more unpleasant for me due to my complaining.