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job separation advice, ensuring pay that was witheld

 
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stumptowny



Joined: 29 May 2011
Posts: 310

PostPosted: Tue May 31, 2011 10:09 pm    Post subject: job separation advice, ensuring pay that was witheld Reply with quote

I work for a private bi-lingual elementary school that has very high tuition and very high salary, tons of vacation�perfect on paper.

Unfortunately, there is no discipline/punishment policy . This makes for some monster students. The kids rule the roost. Don�t disrupt the revenue they bring in, is the take away. I was finally told, after 2 months of struggling with class control, that there are rules but they are not enforced in anyway.

So I am not enforcing rules now, and it�s much less stress for me. Really wish I was told this at hiring� but the damage has been done. Student impressions are set as well as admin�s. If I am not replaced, I will leave because the principal is reneging on the terms I was hired on, now not wanting to pay travel re-imbursement. Shady stuff. Actually he tried to lower my agreed upon hiring salary a while back as well. I did not budge.

Luckily, I just got my visa on May 27th so I am not desperate nor a glutton for punishment. I am staying at a guesthouse so I can move easily as well...

My concerns now are:

1. The company withheld my first month pay. How do I separate and insure that I get this pay? Is it different if I am fired vs. giving notice? Naturally, I want to get all that is owed me before I leave if possible.

I don�t trust the school at this point and I am also not on payroll yet because I was waiting for my visa before they could legally hire. It�s been under the table for my first month pay (cash) and the plan was/is to do a legal, 10-month contract on payroll after my first 2 payments in cash. my 2nd month pay, I just received, was cash (a personal loan from the principal). 1st month pay was withheld. 3rd month pay will be with cash on June 20th... also a personal loan from the principal.

April 20th first pay day, withheld
May 20th second pay day, received cash payment
June 20th third pay day, will receive cash payment (I will leave after getting this pay(

2. How do I portray what happened when my next employer sees that I left so fast? I was planning on being honest and that it was a poor fit. All true. Any other approach? Could I not bring it up at all and just say I had got my visa with other means? Would rather not open a can of worms with a new opportunity.

Thanks so much for your ideas and guidance�
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tttyg



Joined: 26 Apr 2011
Posts: 16

PostPosted: Tue May 31, 2011 10:16 pm    Post subject: Reply with quote

Shady, shady, shady.

I am not yet the well-of-knowledge that others are (wait for Glenski's post), but why in the world did they withhold your entire first pay? Also, why are you calling your second and third payments "personal loans" from the principal? What makes it a loan? It is (albeit under-the-table) compensation for work, is it not?

Seems like you are in quite the situation. Could you explain why that first paycheck was withheld entirely and how you were supposed to retrieve it even if you continued working there?
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seklarwia



Joined: 20 Jan 2009
Posts: 1546
Location: Monkey onsen, Nagano

PostPosted: Tue May 31, 2011 10:29 pm    Post subject: Reply with quote

Did your payment get witheld or are you being paid in arrears as is often standard practice?

Because of the system of paying in arrears it can be up to 2 months from the day you start working until you first get paid, i.e. if you started in April, then it would be normal for you to receive payment for the April work on the May payday.
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stumptowny



Joined: 29 May 2011
Posts: 310

PostPosted: Fri Jun 03, 2011 3:55 pm    Post subject: Reply with quote

tttyg wrote:
Shady, shady, shady.

I am not yet the well-of-knowledge that others are (wait for Glenski's post), but why in the world did they withhold your entire first pay? Also, why are you calling your second and third payments "personal loans" from the principal? What makes it a loan? It is (albeit under-the-table) compensation for work, is it not?

Seems like you are in quite the situation. Could you explain why that first paycheck was withheld entirely and how you were supposed to retrieve it even if you continued working there?


Thanks for your response. You are exactly right, I need compensation for my work, whether it�s called a personal loan or not.

To answer your question about the loan, it is a personal loan from the principal, in cash, because the money could not be taken from payroll. I am not on the books as I was waiting for my visa and they didn�t want to risk hiring me illegally.

Here is where it gets twisted regarding trying to leave and strategizing:

My salary is 350k/month

We agreed he would pay me 320k cash for the first 2 months (350k minus 30k for taxes) So that is 640,000 cash for 2 months.

Now, to repay him the 640k, my payroll salary for the soon-to-start 10-month contract will be 414k per month (not 350k) of which I will give him the 64,000 that I am overpaid (10 months * 64,000 = 640,000 cash he gave me). This is so he can recover his personal loan from the school account throughout the year while paying my salary.

So if I leave early, how should I treat this?

I need to be paid what I have earned but the way this is set up, appears to obligate me for the year in order to repay the �loan�. I will have no qualms about leaving but if I do, I feel he will not pay me my first month pay because the �loan� will not be paid back yet.

Honestly it seems like a moot point because if he is the owner of the school, why is it even a matter for consideration? Doesn�t he see all the money in the end anyway, via company profit to his pocket? And if I leave early and am forced to pay back the personal loan (worst case scenario), how do I get paid? Mr. Principal... I will give you back your loan but can you pay me 3 months pay also? doesn't make sense. We have a signed paper with the repayment scheme but not sure it would hold up legally??

I was told being paid in arrears is normal for Japan (I did not get paid for nearly 2 months in the beginning). Anyone else� is this standard practice in Japan? So your first month pay will come after your contract has ended if you choose not to renew?
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Mr_Monkey



Joined: 11 Mar 2009
Posts: 661
Location: Kyuuuuuushuuuuuuu

PostPosted: Fri Jun 03, 2011 4:57 pm    Post subject: Reply with quote

The salary in arrears is standard practice here.

The rest of your post, I cannot directly comment on, except to say that your employer sounds like a very, very bad one. They seem to only be interested in the money, while ignoring the components that go into making the experience they are offering the parents of the students.

How can your "school" expect to offer an education to its students if it doesn't have an enforceable discipline policy?

I'd be surprised if it lasts another year. Get out. Now.
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