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Bank mistake or? No pay for June and bonus. Time to act?
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Mon Jul 21, 2014 1:31 pm    Post subject: Reply with quote

First I went to the bank, then I went to the police. Ultimately the bank personnel agreed I'm about to get stiffed and it takes, at most, two days to fix a bank error. I had another emergency to fix and the directions to the police office were less than perfect so I arrived at the police station around 4pm.

I love to call a spade a spade but the police were very professional. After I practiced my Chinese listening comprehension while waiting (my listening comprehension is goshawful) I met with an officer who listened, read everything - contract, emails, weixin messages, bank records - and said it is too late today, we will call you tomorrow. They have the school's phone number. They made copies of everything and drove me home.

Tomorrow will be interesting. Well, OK, it will be interesting for me.
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Shroob



Joined: 02 Aug 2010
Posts: 1339

PostPosted: Mon Jul 21, 2014 1:34 pm    Post subject: Reply with quote

Guerciotti wrote:
First I went to the bank, then I went to the police. Ultimately the bank personnel agreed I'm about to get stiffed and it takes, at most, two days to fix a bank error. I had another emergency to fix and the directions to the police office were less than perfect so I arrived at the police station around 4pm.

I love to call a spade a spade but the police were very professional. After I practiced my Chinese listening comprehension while waiting (my listening comprehension is goshawful) I met with an officer who listened, read everything - contract, emails, weixin messages, bank records - and said it is too late today, we will call you tomorrow. They have the school's phone number. They made copies of everything and drove me home.

Tomorrow will be interesting. Well, OK, it will be interesting for me.


Sounds like things are progressing nicely, hopefully the police will be able to pressure the school or something.
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Mon Jul 21, 2014 1:45 pm    Post subject: Reply with quote

Shroob wrote:
Guerciotti wrote:
First I went to the bank, then I went to the police. Ultimately the bank personnel agreed I'm about to get stiffed and it takes, at most, two days to fix a bank error. I had another emergency to fix and the directions to the police office were less than perfect so I arrived at the police station around 4pm.

I love to call a spade a spade but the police were very professional. After I practiced my Chinese listening comprehension while waiting (my listening comprehension is goshawful) I met with an officer who listened, read everything - contract, emails, weixin messages, bank records - and said it is too late today, we will call you tomorrow. They have the school's phone number. They made copies of everything and drove me home.

Tomorrow will be interesting. Well, OK, it will be interesting for me.


Sounds like things are progressing nicely, hopefully the police will be able to pressure the school or something.


Thanks. This beats the hell out of sending texts and plotting and worrying and getting put off again. The policeman asked if I have been to court and I said I lived there - yes I was a lawyer so sue me - but he says it's different here. Yes, I know. If I go to court I want the breach penalty.

Anyway this does feel much better than wishing.
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Listerine



Joined: 15 Jun 2014
Posts: 340

PostPosted: Mon Jul 21, 2014 2:17 pm    Post subject: Reply with quote

Good for you for having the stones to fight for what you're entitled to rather than just sitting back, grumbling and taking it in the ass. Too many cases of FTs just accepting getting screwed and sometimes kind of reinforces in the FAO's (or whoever is up to shenanigans') mind that we're an easy mark. Good luck tomorrow.
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Mon Jul 21, 2014 2:30 pm    Post subject: Reply with quote

Thanks Listerine. I don't know what will happen, but it is much better to fight. I have nothing to lose, unless they kick me out of the apartment!
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bestteacher2012



Joined: 22 Aug 2012
Posts: 160

PostPosted: Mon Jul 21, 2014 7:10 pm    Post subject: Reply with quote

Is your school a public or private school?
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Riff Raff



Joined: 09 Jun 2014
Posts: 85

PostPosted: Mon Jul 21, 2014 7:35 pm    Post subject: Reply with quote

Guerciotti - you did the right thing. What I would suggest:

The name of the person who has lied is at fault.

EDIT: Wait, I re-read your first post. You say "they." Who is "they?" END EDIT.

Talk with someone else in power at the school. The City FAO is a great idea. Explain that X employee(s) in X office has breached contract. Explain the proof you have and whom you've talked with. Be polite. Basically, make them aware that a specific employee is causing problems. Make it clear that the school has been very kind. It is just this one person or office, but, unfortunately, that person's thievery results in the school being named. Unless, of course, the bad apple is addressed by the powers that be at the school. Seek some resolution internally. Document it. Always stay polite.

Part of legal strategy in China, utilized by Chinese attorneys representing foreigners, is to draw in as many outside but qualified people as possible. People talking will get the issue noticed. The school will act to save face. And the more relevant people involved, the less likely the thieves can use your money buy off whomever you speak with. So, if the FAO or school boss cannot help, get a local lawyer to do it for you. At some point, an honorable person will help you. The bubble of corruption inside that office does not reflect all of China.

Stay ultra polite. If it were to go to trial, due to the school officials doing nothing, then also legally seek court costs. Most of all, legally seek a formal apology from the school as part of the settlement, preferably made officially and in public. If the school or someone helps get your money without going to court, politely say that a formal apology should be written, signed, and cropped by "they." Be very polite when making that known. In itself, it digs deep into traditional culture of China. The good people of China take it seriously. The bad ones laugh it off. "Honor is for the poor."


Last edited by Riff Raff on Tue Jul 22, 2014 5:13 am; edited 1 time in total
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Piper2



Joined: 13 Jun 2014
Posts: 146

PostPosted: Tue Jul 22, 2014 12:17 am    Post subject: Reply with quote

Guerciotti wrote:
Thanks Listerine. I don't know what will happen, but it is much better to fight. I have nothing to lose, unless they kick me out of the apartment!


Guerciotti, I am not so sure you have nothing to lose. We are foreigners with few rights and those rights can easily be ignored, that is the impression I have. Given this situation there is a lot that this school/FAO could do to screw you over.

For example, and the following is my opinion others may disagree, your current school could contact your new school saying you are a troublemaker; you making a public complaint might reinforce that view. Your new school might believe your side of things and still think you are a loose cannon for taking matters outside of the school.

Has your new school already processed your paperwork? If not, your current school could delay things or give you a negative letter of release and recommendation.

Believe me, like you I would probably try very hard to get my money (though I have always avoided getting into this kind of situation). That said, I would also seriously consider possible consequences and how likely I think they are. I had thought you were going to go to the bank and then the City FAO, and hope threats of action would do the trick. This seems relatively in-house and not a huge loss of face for the school (or maybe it is?). You had written "PSB" but I thought that was a typo or misunderstanding. I was surprised to see you went there. For all I know though the PSB is on a par with the City FAO and equally effective/damaging. I am not sure I would go to court, however, especially if the school has yet to process the paperwork. But then I am not you and I will probably live in the same city for the next few years and am seeing things from a different perspective than you are.
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Tue Jul 22, 2014 4:38 am    Post subject: Reply with quote

best: It's a private school - with a small international high school.

riff raff - 'they' = the director, one person. I have no access to others with power.

I cannot find the city FAO. This police department was recommended by another FT.

I did blame the person, not the school. I told the policeman it is a good school.

In my opinion, it is extraodinarily unlikely that this will go to trial. JMHO

I am always polite, but it can't hurt to be reminded.

I'm not interested in a formal, chopped apology. I think that would be impossible to attain, or if it were possible, would waste valuable time and effort for what? A chopped apology? To put on my ego wall? Personally, I'm not the least bit interested.

Technically this is not a settlement. I want what I earned by agreement.

Piper - My new school knows me well. I have visited them on my own dime. They know about this. They have everything they need from the old (this) school. I may be wrong but I am convinced they won't pay me, thus I say I have nothing to lose. Ask a few Chinese people about employers cheating a departing employee out of pay and you may find this is not uncommon. I had a few good laughs with the bank personnel. They know what is happening.

However I agree with you in general; the old school could cause serious trouble. We agree on that.

Yes I wrote 'PSB', but went to a police office. I cannot find the city FAO or other related offices. The folks at the intake PSB don't speak English and apparently don't handle these matters. I visited a certain police office on the recommendation of another FT.

Yesterday was a 'just do it' day. I did something, now I'll wait for a call.
Maybe visiting the police was a mistake, but if I contact the school (they - the director, my only contact with any authority) they will simply put me off again. I need someone else to call them.

Waiting ...
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Piper2



Joined: 13 Jun 2014
Posts: 146

PostPosted: Tue Jul 22, 2014 4:57 am    Post subject: Reply with quote

Guerciotti wrote:
Piper - My new school knows me well. I have visited them on my own dime. They know about this. They have everything they need from the old (this) school. I may be wrong but I am convinced they won't pay me, thus I say I have nothing to lose. Ask a few Chinese people about employers cheating a departing employee out of pay and you may find this is not uncommon. I had a few good laughs with the bank personnel. They know what is happening.

However I agree with you in general; the old school could cause serious trouble. We agree on that.

Yes I wrote 'PSB', but went to a police office. I cannot find the city FAO or other related offices. The folks at the intake PSB don't speak English and apparently don't handle these matters. I visited a certain police office on the recommendation of another FT.

Yesterday was a 'just do it' day. I did something, now I'll wait for a call.
Maybe visiting the police was a mistake, but if I contact the school (they - the director, my only contact with any authority) they will simply put me off again. I need someone else to call them.

Waiting ...


In that case yes, it seems to me there is little/no risk involved and I would probably do as you have done including visiting the police if I could not find the city FAO. Good luck
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Tue Jul 22, 2014 5:24 am    Post subject: Reply with quote

You're an inspiration mate!
This should be a 'sticky'.
Best
NS
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Riff Raff



Joined: 09 Jun 2014
Posts: 85

PostPosted: Tue Jul 22, 2014 5:25 am    Post subject: Reply with quote

The apology is very traditional. To some, that is a very big deal indeed, perhaps more than money. To thieves, it's not. The crop was to make it official. By your asking for that, Chinese know the culprit has committed a grave injustice that has much cultural depth.

In Westerm culture, it's polite but not valued as much. Saying that you want a formally written apology from the person (in addition to the money) is of huge cultural pride to many. You probably will not get that. The thief already doesn't respect you, and it would be a humiliation of sorts to humble himself, especially in such a deep tradition. You'd get your money but not the apology... unless he were pressured by school or police. We're not talking confession. You're talking about keeping your face. Make it known you want a formal, written apology. Don't be pushy. Just make it known to the person and all the people you must talk with to get your money. That request in itself, coming from a foreigner, brings shame to the person in the eyes of society. You just want your money. Got it. The apology is 5,000 year old school China diplomacy that people respect... as opposed to, oh, giving him a green hat. By requesting the formal apology, in my opinion, the money, which you'll get, becomes far less important in day to day life. The apology shows you know and respect traditional China culture on a deeper level.


Last edited by Riff Raff on Tue Jul 22, 2014 5:49 am; edited 3 times in total
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Shroob



Joined: 02 Aug 2010
Posts: 1339

PostPosted: Tue Jul 22, 2014 5:43 am    Post subject: Reply with quote

My only concern is the timing. How long is it until you have to leave the area? Will it be possible to have things completed by then?
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Tue Jul 22, 2014 6:02 am    Post subject: Reply with quote

Piper2 and Non Sequitur - thanks!
Riff Raff - the apology - yes the chop makes it official. Interesting history. I am aware of 'face'. Unfortunately I am simple and narrow-minded, thus I only want my money. I couldn't care less about pride.
Schroob - I have two weeks. I don't know.
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thechangling



Joined: 11 Apr 2013
Posts: 276

PostPosted: Tue Jul 22, 2014 11:00 am    Post subject: Reply with quote

Great thread. Hope you get your money! Please name and shame when the time is right!
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