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A Cautionary Tale Continues...
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brianlkennedy



Joined: 14 Apr 2008
Posts: 2
Location: San Chung City, Taiwan

PostPosted: Thu May 01, 2008 4:39 am    Post subject: Reply with quote

Hey Taiwan Bugs Bunny, let me tell you what I do not like. I do not like fucking being misquoted. I fail to see anywhere in my post where I say "people should throw up their hands". Taiwanese society has many ways of taking care of disputes, including as you point out various government sponsored ADR but nonetheless I stand by the two things I said. And I have had more than a little bit of experience with the Taiwanese courts.

Do you teach reading comprehension? I would assume not.

I hope I get banned.
have a nice day,
Brian
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Thu May 01, 2008 9:28 am    Post subject: Reply with quote

brianlkennedy wrote:
Hey Taiwan Bugs Bunny, let me tell you what I do not like. I do not like fucking being misquoted. I fail to see anywhere in my post where I say "people should throw up their hands". Taiwanese society has many ways of taking care of disputes, including as you point out various government sponsored ADR but nonetheless I stand by the two things I said. And I have had more than a little bit of experience with the Taiwanese courts.

Do you teach reading comprehension? I would assume not.

I hope I get banned.
have a nice day,
Brian


I didn't misquote you at all. You state that "the law means zero" in Taiwan. My experiences prove you to be wrong-- at least some of the time.

You state that "guanxi" is necessary to "get things done." I dispute that it is necessary all the time. I have very little "guanxi," yet seem to come out of arbitrations ahead. Either I'm exceedignly lucky or you simply don't have a clue. I think the latter. Get angry if you want. Swear all you want. It won't change facts.

You state the following: 'so many white guys here who labor under the misunderstanding that Taiwan is somehow Canada, California or the U.K. It is not. As Dorothy put it to Toto, "we are not in Kansas anymore". '

I dispute that as well and submit that most expatriates I've met are more than aware of where they are and, in fact, are so completely aware that they "aren't in Kansas anymore" that they think they have no mechanisms to back them up when people screw them.

I've offered up direct experience and engaged you directly from what you've written in order to bring clarity to this issue. You've offered no evidence to support your claims, instead opted to reply in an immature and rude fashion. What should I say? Should I have said I have no experience with the court system and labor arbitration, just so you can save face in this thread? Should I have just let you propegate your mischaracterization of expatriates as deluded fools-- thinking they are still at home-- living a society ruled by gangster "guanxi" where the law "means zero?" Get over yourself, learn to deal with debate and learn some manners.
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Sat May 17, 2008 3:03 am    Post subject: Reply with quote

No progress in the past couple weeks. A couple weeks ago I got a letter and documents from the nursing college stating that the appeal process would be stayed until after the lawsuit finishes because of some law that says a lawsuit and appeal of the same matter can not happen at the same time. However, the lawsuit and the appeal are about completely separate matters stemming from the false accusation so the lawyer is checking on what is correct.

This is just more of the nursing college's trickery and deception aiming to prolong and delay the legal and administrative processes I am entitled to. As an example of their hypocrisy and games, in the beginning of this fiasco they conveniently (for them) claimed the sex harassment accusation and the reversal of my following year's contract were separate matters and not connected in any way.

They maintained this despite the clear evidence I have in an email from the nursing department chairwoman Evil or Very Mad stating that because of the student's accusation (not yet investigated) the Teachers Evaluation Committee should not continue to renew my contract. Now they are saying that two separate legal & administrative matters are connected and the law precludes them from being pursued at the same time. BOGUS!
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jwbhomer



Joined: 14 Dec 2003
Posts: 876
Location: CANADA

PostPosted: Tue May 20, 2008 7:45 pm    Post subject: Reply with quote

If I'm following this correctly, your position all along has been that the non-renewal of your contract was the result of the sexual harrassment allegation. Right? Now you say that the nursing college took the opposite view, but that you have a copy of an e-mail saying that because of the harrassment allegation your contract should not be renewed. Now the college takes the position that the two matters ARE related. So they are (finally) agreeing with your position. How is that "bogus"?

In most Canadian and American jurisdictions, if there were two cases arising from the same set of facts before the same court, it would be normal to have the cases tried together. If the two cases were before two different courts, the lower court case would likely be "put on hold" pending the decision of the higher court. Of course Taiwan is not America, but the basic principle they are invoking sounds fair enough to me.
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Wed May 21, 2008 2:10 am    Post subject: Reply with quote

Quote:
If I'm following this correctly, your position all along has been that the non-renewal of your contract was the result of the sexual harrassment allegation. Right?

It's more involved than just as you say, but basically yes.

Quote:
Now you say that the nursing college took the opposite view, but that you have a copy of an e-mail saying that because of the harrassment allegation your contract should not be renewed. Now the college takes the position that the two matters ARE related. So they are (finally) agreeing with your position. How is that "bogus"?

Not about the contract & sex harassment. The two matters they say are related now are about the lawsuit (in the court) and the administrative appeal (within the school, not the court).

Quote:
In most Canadian and American jurisdictions, if there were two cases arising from the same set of facts before the same court, it would be normal to have the cases tried together. If the two cases were before two different courts, the lower court case would likely be "put on hold" pending the decision of the higher court. Of course Taiwan is not America, but the basic principle they are invoking sounds fair enough to me.

The administrative appeal is NOT under the official judicial system as was emphasized to me by the investigative committee that "interrogated me" as part of the in-school process. It is not a "lower court case." The decision of the appeal or the lawsuit does not have any affect on the other. The administrative appeal is not a court case.
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jwbhomer



Joined: 14 Dec 2003
Posts: 876
Location: CANADA

PostPosted: Wed May 21, 2008 1:10 pm    Post subject: Reply with quote

OK. Standing by for news of further developments. Good luck!
One sad thing about litigation: the only winners are the lawyers! Twisted Evil
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chon nom



Joined: 27 Feb 2008
Posts: 40

PostPosted: Thu May 29, 2008 7:42 am    Post subject: rotten? Reply with quote

WTF? Am I missing something? Dude gets accused falsely, changes his(Weird to begin with) story frequently, and finally FALSELY ACCUSES
the accuser?
That's where we part ways. I know everyone on here is fairly young and inexperienced, but:
1) This guy's initial story dont wash: Motive, please?
2) He keeps changing his story.
3) He sounds obsessive/compulsive about this, wronged or not:
unfair, HEINOUS wrongs happen all the time: move on.
4) Finally: you falsely accuse her in revenge. That makes you
a) as bad as all the bad people and
b) crazy
If I've got the facts wrong I'll apologize. Bad, raw deals happen all the time is this business. But an experienced questioner of liars says:
I dont believe you, dude.
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Miyazaki



Joined: 12 Jul 2005
Posts: 635
Location: My Father's Yacht

PostPosted: Thu May 29, 2008 1:35 pm    Post subject: Re: rotten? Reply with quote

chon nom wrote:
WTF? Am I missing something? Dude gets accused falsely, changes his(Weird to begin with) story frequently, and finally FALSELY ACCUSES
the accuser?
That's where we part ways. I know everyone on here is fairly young and inexperienced, but:
1) This guy's initial story dont wash: Motive, please?
2) He keeps changing his story.
3) He sounds obsessive/compulsive about this, wronged or not:
unfair, HEINOUS wrongs happen all the time: move on.
4) Finally: you falsely accuse her in revenge. That makes you
a) as bad as all the bad people and
b) crazy
If I've got the facts wrong I'll apologize. Bad, raw deals happen all the time is this business. But an experienced questioner of liars says:
I dont believe you, dude.


Take a seat noob.

you have no cred here either.
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Thu May 29, 2008 4:33 pm    Post subject: Chon nom Reply with quote

Dude...from what distant star did you drop in from upon this thread?

Not much to say in reply to your opinions. It's clear from your posting that you've come to your own conclusions based on I don't know what, and you've missed big time on all four of your points.

How do you know who falsely accused who? Are you a friend of the "Axis of Evil" writing on their behalf? If you're so passionate about knowing the motive and other facts of the case, I suggest you do some firsthand investigation and get a place in court (good luck) to follow the proceedings.
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chon nom



Joined: 27 Feb 2008
Posts: 40

PostPosted: Fri May 30, 2008 1:32 am    Post subject: taking my seat Reply with quote

Ok; perhaps I dont understand the facts of the case on my "distant star"
(Taichung)
Here's what I do understand:
1)you're way too reved up about it; been going on how long?
2) This is not the USA; you will not get justice nor especially redress
as a foreigner in Taiwan
3) If your school liked you, this all would have gone away already.

Go ahead; spend another 6 months thinking the "good fight" will make the
world right and boo-hooing that justice just REFUSES to prevail.
As a law professor of mine said "Justice?! You'll get rough justice at best".
I stand by this opinion: Dude either did something wrong, or was an
inadequate teacher or more likely a social retard, or the school wouldnt let this happen.
Can you read wall writing? It says "Bye-bye".
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Fri May 30, 2008 8:53 am    Post subject: Smiles Reply with quote

Thanks Chon Nom for giving me some good chuckles Laughing to lighten up my day! If I'm "too revved up" over this SH matter, how much higher on the scale of REV do you fall with your responses?

Why are you crashing my party? It's as much my right to fight injustice as it is your right to turn tail and scamper off, right? You're not telling me anything I don't already know.

I already made it very clear in my earliest posts that I didn't open this thread to try and win fans or believers. I'm just sharing some pertinent facts and experiences with those of you who care so that something of benefit to others may come of this. You can judge for yourself, and since I don't think you know me personally, I take no offense to your ignorant comments that are way off base. Say what you want and we all can see you for what you are. I often find that those who call others all kinds of unnecessarily (and untrue) derogatory names are in fact the ones who have such characteristics or problems.

I'm also curious: why are you posting on this Taiwan forum, and claiming you're in Taichung, while at the same time you've been posting in Thailand as if you are there now too?
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chon nom



Joined: 27 Feb 2008
Posts: 40

PostPosted: Mon Jun 02, 2008 2:08 am    Post subject: Reply with quote

Hey Powhatan
This is something I rarely do: offer an abject apology. I was a little
drunk, you see(Thailand an all) and indeed; way too revved up.
So: I'm sorry.
You're reply was quite reasonable to my atrociouly mean-spirited
comments.
I really do not think you'll get reinstated with full honors or anything; but it is of course your right to try, and it might just help one of us in the future.
I will humbly bow out now, finish my 4-month working vacation, and bother you no more.
I truly wish you well.
Sincerely,
James L. Maupin, III
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Mon Jun 02, 2008 5:18 am    Post subject: Reply with quote

Thanks James...appreciate your sincere apology and explanation for what happened behind your sharp posts. Drunk certainly can make for some unwelcome and revved up behavior.

Actually, the goal of my fight has never been reinstatement. I would never knowingly work in such a House of Evil where the president, her crony the nursing dept. chairperson, and such opportunistic, morally bankrupt students as my accuser dwell.

The reasons I am suing them are:

1. The dept. chairperson and the student revealed my name publicly in and beyond the school in violation of confidentiality laws, causing unnecessary damage to my work and reputation.
2. There is a report with the MOE (and who knows where else) about the SH decision made by the nursing college. This has and will impair my work references and employability until I get it cleared.
3. It's a SERIOUS false accusation and nobody should be a victim of such dirty tricks, just as nobody should be a real victim of sex harassment or abuse.
4. The school controlled the initial investigation and conclusions...getting whatever decision they wanted. My best recourse is to get this out of the school, into the court, where the evidence (& lack of evidence) can be judged and ruled on fairly and correctly (hopefully).
4. My employment & financial situations have been seriously damaged by the unexpected, sudden, and unfair actions of the defendants...such that the only recourse I have is to sue for compensation for all the damage they have done.

Lastly, just a couple days I ago I came across a very good quote from a news story. The writer was discussing how good people can easily be twisted into someone bad, caste into a vortex of lies, and there is a Chinese saying which explains this succinctly:

�If you want to incriminate a person, there is no lack of reasons.�

The world is full of such devious offspring of the Devil Twisted Evil and their innocent victims. I am one who does not wish to become another hopeless victim. If I should fail, it will not be without a monumental and hard fight.
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chon nom



Joined: 27 Feb 2008
Posts: 40

PostPosted: Mon Jun 02, 2008 6:47 am    Post subject: The Evil Reply with quote

Hi Again;
Again; I apologize. I had no idea. What I get for shooting my uninformed
drunken mouth off.
Indeed; this is serious; and at nearly any cost you must try to clear
your name. In this business(or any other) reputation is everything.
It's funny: I was a really big naysayer of the new laws regarding
calls to police re domestic disputes. The rule in the States is:
call the police for a domestic dispute and they come: someone goes to jail. Period. Always the guy. Has come to be called "Breakup eviction by cop". Truly; women should be protected, but the way it is, an accusation is enough to ruin a man whether it's true or not. And as I pointedly pointed
out, they dont issue apologies or clear you on the front page of the paper.
Thank you for taking the time to explain. I've relearned a big lesson.
I hope that you can get some closure for yourself and the others who follow.
James
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Wed Jun 04, 2008 4:38 pm    Post subject: Reply with quote

It's a rare person who can step back, see what he/she's done from a different perspective, and then apologize if they realize they made a mistake. Appreciate you again taking the time James to admit the error of some things you said and to share some of your insight related to my situation.

It's the kind of heinous nonsense like this student has done that also makes it more difficult for some to believe when there really is a case of sex harassment. It's too easy to make a bogus accusation and doesn't cost the accuser anything to do it. It costs the falsely accused very dearly - financially, emotionally, psychologically, career-wise - and the accuser often believes their victim will not be willing to risk so much to challenge.

When I have time, I've been reading some forums online featuring victims of false accusations of sex harassment. Interesting reading. Some victims are married with children - whole families who have been thrown into chaos because of the evil lies of others with some agenda. Sometime, somewhere the rights of the accused need to be protected too so that the innocent aren't made to suffer the same fate as the guilty...and the truly guilty don't escape the fate they deserve.

So far, I'm still waiting for the court to notify me of the first hearing. The only action the past few weeks has been lawyers on both sides trading responses at the judge's request.
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