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I want to take legal action against my school. Any help?
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Tue Jun 20, 2006 7:12 am    Post subject: Reply with quote

I am beginning to feel advice is not useful in your case. If you have set your mind on pursuing that illusionary, elusive goal of making them accept "responsibility" then you will - but you will fail, that's what I wish to add.

You said your employer has had run-ins for a string of "incidents' involving FTs; has it ever occurred to you that if only FTs were victims of "incidents" then the school might be well advised to refrain from hiring FTs in future? It might mean FTs are more combative, or less reasonable...

I tell you once again, you must accept bearing a financial loss on your own, however unfair it may seem to you. What has happened to you happens to millions of Chinese all the time, and most of them do not have their own resources to seek remedies! You were lucky in having a minimum insurance cover - Chinese peasants have none of that and may die from as simple a problem as an infection.

I am not heartless either but I have to opine this: it is a wrong attitude for someone to think they can make money in China AND SAVE ALL OF IT. In my view, FTs must always be prepared for emergencies - at their own expense.
Maybe you and your partner pool your funds and tide yourselves over this period! Maybe you get profitable summer camp jobs to make up for the financial drain. But for Dog's sake - forget about "justice" and making money out of your friend's personal tragedy! A lawyer will cost you more than you will get out of this! And talking to your employer via the media is totally counterproductive in a society in which flattery is the only currency acceptable by laobans!
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klaus



Joined: 19 Oct 2005
Posts: 109

PostPosted: Tue Jun 20, 2006 7:45 am    Post subject: Reply with quote

i'm not at all trying to be unsympathetic to your plight, but seriously, most people are aware (or should be) that if you want to make sure that you are reliably covered for situations such as this, you should buy travel insurance in your home country in advance.

if there was any legal liability for this sort of thing in china, there wouldnt be any polished marble footpaths, lips on stairs, razor sharp edges on door handles, ridiculously placed power points in bathrooms, ungrounded electrical equipment, open manholes etc etc etc.

who exactly do you think would be going to assume financial or even moral responsibility for your misfortune? personally i'm not too sure why you would think that such a person or persons even exists here.

good luck but i don't think you have much to gain but frustration and disappointment in trying to impose the values of your country's legal system onto the situation in china.
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Tue Jun 20, 2006 8:18 am    Post subject: Reply with quote

hellohowareyou, I am sorry to hear about your fiancee's plight. However, like most posters have suggested, I too have to urge you to just move on. I think you are looking for moral support from fellow FT's to back you up, but unfortunately, I have to say you are wasting your time. I don't know anything about the Chinese legal system other than cases of civil suits covered on television (between Chinese nationals). Likewise, I have no experience in taking matters to the media or to my embassy. But I do have this feeling that it'd all be a complete waste of time and would most likely backfire.

I feel that your employer has been fair. They have paid for all of your fiancee's medical expenses according to the contract. Unfortunately, the moment your contract expires, they will no longer be held responsible or liable for any further medical expenses. That's the key point here: your employer is responsible for your fiancee's medical expenses only as long as she remains a FT at the school. Now, if you want to pursue this matter further, by all means go ahead. Just be warned, you have done a great deal of damage to your employer-employee relationship and now you are probably in your employer's bad books. I wouldn't be surprised at all if they are having meetings now to decide you and your fiancee's fate.
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Tue Jun 20, 2006 9:27 am    Post subject: Reply with quote

hellowhowareyou,
Good points made by the other posters. I do believe your school has been fair. There are many unsafe things in China unfortunately. I always look down when I walk so I don't fall into a hole Rolling Eyes I think you should change the way you are going about things with your school. It will only lead to future troubles. Remember that your school may have hard feeling towards the two of you right as they feel they have treated you fairly by paying your medical bills. They probably see you as unappreciative and looking for money. I would go in and try and have a calm discussion to try and smooth things over.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Tue Jun 20, 2006 1:28 pm    Post subject: Reply with quote

hellohowareyou wrote:
clark - i find your attitude distatesful. we're not trying to get rich, we're trying to get them to accept responsiblity. i might be being very western about this, but that's what i am. you don't know the first thing about the administration at our school - part of our anger with the school is a whole catalogue of incidents that have happened during the year with foreign teachers and the administration where the entire teaching staff has felt unsupported, uniformed and unimpressed. i'm talking about the response to teacher rape, not helping much with knife attacks on teachers on 3 separate occasions even though the perpertrators were known, refusal of medical treatment to a very sick teacher, alledging somebody is an american spy, and this is all before we get to the catalogue of student mistreatment by the administration.

yes the students suffer, we arguing with the school is inconsequential to that as the college is already taking their money and making large profits.
the comment about the media was in relation to the abominable catalogue of things that have happened here to students and teachers. with regard to myself, i only mentionned that concerning if they did not fulfil my contract, which states medical costs should be paid.


I accept that your motives may not be entirely financial, but in suing someone money comes into play.

It seems that you are annoyed with the school and not only about this incident and possibly you see this incident as a good opportunity to stick it up the school for all the things you mention above. If so then this calls into question the value of a suit for damages from a slip near the water fountain.

I think that tw was spot on. I am sorry that you didn't get the support that you possibly came here looking for. Despite the way that I may come across in my posting above I, and I am sure many of the others that have posted here, would be only too happy to help you in another situation. From my personal perspective your talk of suing and liability raised a red flag that perhaps you weren't so concerned about what happened but more what you could get from what happened.

I do wish you all the best but hope that you will take what most people are saying here and just request what is reasonable from the school.
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Susie



Joined: 02 Jul 2003
Posts: 390
Location: PRC

PostPosted: Tue Jun 20, 2006 1:49 pm    Post subject: Reply with quote

I sympathize with your troubles.

Why not contact a Chinese lawyer for advice?

http://www.shuangch.com/

http://www.shenzhenlawfirm.com/

And tell us how you get on.

The degree certificate scandal relates to Shengda or Zhengzhou, does it not?
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wetwet



Joined: 22 Mar 2006
Posts: 11
Location: Beijing, China

PostPosted: Wed Jun 21, 2006 7:44 am    Post subject: Where Reply with quote

I am sorry for your fiance�'s misfortune.

Out of curiousity,

Where did all this take place? Can you say which school was involved?

Best of luck,



dp
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Thu Jun 22, 2006 10:20 am    Post subject: Reply with quote

Prof, you said you won in a similar situation. Could you please be so kind as to tell us about the general situation you found yourself in and how you dealt with it? As most here don't seem to think it's possible, I think this information would be really valuable. Thanks!

RED
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