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Davidpepp
Joined: 19 May 2005
Posts: 9
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 Posted: Fri Sep 30, 2005 12:37 pm Post subject: Job offers and law-what is binding |
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A friend of mine recently was offered a job with one of the larger companies due to start in October. He put his stuff into storage and went home to Canada as a rranged, and before the start date the company emailed him to say they didnt have a job after all. Does anyone know...in some jurisdictions and oral argreement is legally binding. Is this the case in Japan?
This company really messed him up. He wouldnt have returned home and stored his things and now he has to come back. is there legal recourse.
Sorry, I should have explained. the friend was in Japan and accepted the job and returned home as arranged with the company, to return later to start. |
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Doglover
Joined: 14 Dec 2004
Posts: 305
Location: Kansai
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| Posted: Fri Sep 30, 2005 12:48 pm Post subject: Re: Job offers and law-what is binding |
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| Davidpepp wrote: |
A friend of mine recently was offered a job with one of the larger companies due to start in October. He put his stuff into storage and went home to Canada as a rranged, and before the start date the company emailed him to say they didnt have a job after all. Does anyone know...in some jurisdictions and oral argreement is legally binding. Is this the case in Japan?
This company really messed him up. He wouldnt have returned home and stored his things and now he has to come back. is there legal recourse.
Sorry, I should have explained. the friend was in Japan and accepted the job and returned home as arranged with the company, to return later to start. |
Can I ask whether he had a work visa and he was sponsored by the new employer? Oral contracts dont really carry much weight here and unless he is actually sponsored by the employer and formally employed by them it may be hard. He could try suing for compensation of airfare etc but that would mean involving lawyers. I would have made sure I got sponsorship by the employer first before taking off back home. Rather than going home on a verbal promise. |
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Davidpepp
Joined: 19 May 2005
Posts: 9
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| Posted: Sat Oct 01, 2005 6:34 am Post subject: |
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He had just completed a contract with one company and was goin to switch to Berlitz. So his work visa was still valid from the first job.
He had asked for a contract to sign but they said that happened after training, which I dont think is too unusual. They knew he was going to return to canada and he was to start the job when he returned. |
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Doglover
Joined: 14 Dec 2004
Posts: 305
Location: Kansai
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| Posted: Sat Oct 01, 2005 7:20 am Post subject: |
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| Davidpepp wrote: |
He had just completed a contract with one company and was goin to switch to Berlitz. So his work visa was still valid from the first job.
He had asked for a contract to sign but they said that happened after training, which I dont think is too unusual. They knew he was going to return to canada and he was to start the job when he returned. |
Im not a lawyer, but whether he can get compensation may rest on whether he was going back to Canada anyway, or whether he went back specifically to put his things away.
With no contract signed I would say his chances are slim.
FWIW I heard another story of some guy in Japan who went to a doctor told him he had contracted the AIDs virus, quit his job and sold up all his possession sold his car here and shipped back to the UK. Got a complete medical back home and was told he was completely clean and not infected. Packed up his whole life in Japan based on a doctor's misdiagnosis and lost a lot of money, as well as quitting his job.
If its any consolation for your friend, it could be far worse. |
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seanmcginty
Joined: 27 Sep 2005
Posts: 203
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| Posted: Tue Oct 04, 2005 10:13 pm Post subject: |
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I'm a law student at the moment. An oral agreement is as good as a written contract provided there is an offer and an acceptance, but if you don't have anything in writing it may be hard to prove as the other guy might just say "What conversation? I never promised this guy anything."
Probably wouldn't be worth the cost of litigation anyway. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Tue Oct 04, 2005 11:39 pm Post subject: |
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| seanmcginty wrote: |
I'm a law student at the moment. An oral agreement is as good as a written contract provided there is an offer and an acceptance, but if you don't have anything in writing it may be hard to prove as the other guy might just say "What conversation? I never promised this guy anything."
Probably wouldn't be worth the cost of litigation anyway. |
Stuff like that in the absence of a written contract its probably a good idea to electronically record your conversations but most people dont think of that when employers make verbal promises to them in a conversation and its probably a bit offensive to say you will record whatever they say.
Japanese judges are not renowned for upholding and enforcing Japan's own laws anyway. Just read in the paper that the Osaka High court and the High court in Tokyo gave completely contradictory rulings on the PM visits to Yasukuni issue, within one day of each other. Going to court here to win your case is a crapshoot and justice is a foreign concept to them. |
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