Job Discussion Forums

ravel · Posted: Sun Mar 23, 2008 4:43 am Post subject: Fired without notice

I get an email the other day from a co worker informing me that my job is terminated effectively immediately and that I will be paid the balance for the work done for this month soon.

The guy who sent me the letter was instructed to do this by the boss and to inform me that any and all future communication with said former employer was to be directed through him.

This was a part time position of 10 hours a week, but also my primary and living wage. I was not given any reason for the dismissal and NO notice.

After talking with my other employer he informs me that my former employers actions where illegal and that they have to give me a month notice or a month's pay in lieu of said notice.

I text the co worker and tell him to inform her (the boss) that

I am reporting her actions to the appropriate Japanese government officials and that I expect to be paid balance due plus a month's severance within one week or I will be forced to take further action.

While it is part time it is also my living wage right now, the majority of my income and just enough to live on.

I found this out Friday, so I have done nothing more about it...yet, and I have yet to report this to anyone.

My questions are:

Who do I report it to?

What action can I take?

and

Is my other employer correct?

It seems very reasonable to me that dismissal without notice or reason should require a month's severance at least.

ravel

seanmcginty · Joined: 27 Sep 2005 Posts: 203

You already told them you are entitled to 1 months severance and you don't even know if that is true or not?

Take a look at the Labor Standards Act:

http://www.cas.go.jp/jp/seisaku/hourei/data/LSA.pdf

Article 20 requires employers give 30 days notice to dismissed workers, but not if the reason for the dismissal is "attributable to the worker" or if the continuation of the work was made impossible for an "unavoidable reason."

So I'm guessing if you went anywhere with this it would come down to their word against yours.

Good luck to you, but I don't think you are likely to get your 30 days pay in lieu of notice.

markle · Joined: 17 Jan 2003 Posts: 1316 Location: Out of Japan

Get thee to the unionry.....

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

The employer is pretty low by not doing its own dirty work.

It is also acting illegally by not giving you a month's pay, but I don't recall if that is necessary for PT workers. Read those labor laws well!

Conctact both the union and the labor standards bureau.

Is there something about your actions there that would lead you to understand the reason you might have been fired?

ravel · Posted: Sun Mar 23, 2008 12:34 pm Post subject:

Glenski,

nothing specific. She received some complaints from parents via the kids that I expected too much of them aka encouraging them and expecting them to try.

I have tried many methods, but a minority of the students, one VERY timid class (every student in this class) hardly respond to anything.

I told my boss that I would use any alternative approach she wanted me to, that I was continuously working on approaches and activities looking for what they responded to best. She provided no suggestions so I continued to use my usual game and activities and my ongoing weekly introduction of a new game or activity to cover material a new way. It all worked for most, but not for all students.

I was provided with NO explanation for the dismissal, though I know her the person who was told to do her dirty work and it appears to be about saving money by hiring a ex Nova teacher, no doubt at a lower rate.

There is no circumstances beyond her control here, and no lack of business, though she has managed to lose a lot of respect of her head teacher, and perhaps other employees, and I hope a collection of the students who adored me and my games.

ravel

P.S. Thanks for the advice everyone.

Yes I said it without know it to be fact because I trusted the source and expect she doesn't know for a fact either. A friend who used to work in collections said an undefined threat of further action, was better than a defined threat of the action. Since she couldn't even face me long enough to pay me in person on the 17th I'm hoping she would rather pay me for the month and not have to deal the me and the shame associated with me taking this further.

Baribari · Joined: 21 Mar 2008 Posts: 19

Four words:

Talk To A Lawyer

seanmcginty · Joined: 27 Sep 2005 Posts: 203

Baribari · Joined: 21 Mar 2008 Posts: 19

I'm not saying he should pursue a legal case, but asking a qualified professional for advice (even if it costs you money) is infinitely better than asking a bunch of people on the internet.

seanmcginty · Joined: 27 Sep 2005 Posts: 203

seanmcginty · Joined: 27 Sep 2005 Posts: 203

G Cthulhu · Posted: Sun Mar 23, 2008 7:10 pm Post subject:

Baribari · Joined: 21 Mar 2008 Posts: 19

I know that at least in the US, many lawyers are willing to tell you whether or not you have a case without charging you anything, or at least for a reasonable price.

They don't start charging you full price until they take the case.

G Cthulhu · Posted: Sun Mar 23, 2008 7:21 pm Post subject:

G Cthulhu · Posted: Sun Mar 23, 2008 7:25 pm Post subject:

Baribari · Joined: 21 Mar 2008 Posts: 19

Yeah, but there's a lot of American lawyers in Japan.