Job Discussion Forums

Tue · Joined: 31 Mar 2006 Posts: 59

Hello,

I worked for a small unprofessional outfit in Utsunomiya recently. I overheard the managers talking about suing a teacher who did a runner when, they started changing things in the contract. Now the school is upset because the teacher/teachers are posting warnings on several sites, and now the school feels it has the right to sue over this !!

Can a school really sue someone, who is living in another country for posting about them on public forums ??

Has anyone had reprecussions from posting on a public forum before ?

Do I have to worry about this post ?

PAULH · Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan

Tue · Joined: 31 Mar 2006 Posts: 59

They are planning on sue the teacher in Canada, 6 months after he left the school. I also belive that the person is no longer in Canada and is teaching in China currently.

Why would this post disappear ?

womblingfree · Joined: 04 Mar 2006 Posts: 826

The chances of some fly by night dispatch company ever suing anyone are slightly above zero. Although that may be an overestimation.

For one thing practically every contract given to teachers in Japan wouldn't hold up in court, either because the company is not providing insurances or for dozens of other reasons.

I seriously doubt whether even the large eikaiwas could ever seriously mount an action against anyone. It would be a huge waste of their money and I think they realise that they are actually lucky to be allowed to exist in their current form in the first place without bringing their working practices to the scrutiny of a court.

It's a scare tactic nothing more.

PAULH · Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan

Captain Onigiri · Joined: 20 Jan 2005 Posts: 103 Location: fly-over land

Tue · Joined: 31 Mar 2006 Posts: 59

Thanks for the great answers. The post's in question have nothing to do with Dave's. The posts in question are on gaijinpot and school watch org. And from what I understand the post are actually accurate based on what happened to this individual.

I guess the idea of a small private kindergarten chasing an individual around the globe to sue them is a crazy, but after some of the stories I heard here, I wouldn't be surprised.

The school is in Utsunomiya.

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

As for Daves I think you'll find that it's more of an issue of advertising revenue streams being affected and general operational headaches rather than serious fear of litigation.

Sounds to me though that it's not so much a attempt to really go after absent teachers but more a shot over the bows for teachers still hanging around.

shuize · Joined: 04 Sep 2004 Posts: 1270

For what it's worth, I seem to recall reading something about internet site owners being held immune from lawsuits based on the content of user posts under U.S. law. If I remember where I read that, I'll post a follow up.

On the other hand, I don't think that immunity extends to individual posters. Although, as noted above, absent some really special circumstances I think the chances of some crappy language mill going to the trouble of hiring a lawyer to pursue an ex-employee overseas are between slim and none.

Even on the off chance they did pick up the phone, I can imagine most Eikaiwa/foreign lawyer conversations would go something like this:

Eikaiwa: "We're calling from Japan ..."

Lawyer: "Yeah, so? I don't have all day here ..."

Eikaiwa: "Well, we'd like to sue an ex-employee."

Lawyer: "Hey, now we're talking." ::preparing brain to multiply any figure by 33% contingency fee:: "For how much?"

Eikaiwa: "Well, we think he owes us 2 months salary ..."

Lawyer: ::licking chops:: "Yeah, Yeah ..."

Eikaiwa: "At the current exchange rates that's about $4,000 U.S. ..."

Lawyer: ::$4,000 X .33 = $1,320:: "Ah ha ha ha ha ha ..." (click)

Eikaiwa: "Moshi-moshi?"

cafebleu · Joined: 10 Feb 2003 Posts: 404

PaulH just gave a clear and concise summary of just why schools in Japan cannot sue Dave's Eslcafe over posts on this forum. That is unless they meet that criteria re California business registration etc. Thank you Paul as usual.

Then why does Dave's sometimes pull such posts from the forum? I noticed that the Job Information Journal that once served the very useful function of informing posters and readers about various schools in Japan and other countries has ceased to exist. The link is there but it is empty - it takes you to the job discussion forum. Why?

In my time of posting on and reading the Eslcafe I thought there was a more genuine and adult feel about much of the material posted. Sure there were idiots but I remember there were very useful references to schools in Japan which assisted people I knew there in not applying for jobs at those schools. Their wariness was justified when they met the unfortunates who had worked at the schools mentioned.

A person I knew in Kyushu some years back posted about a school there where the Japanese lady owner apparently breaks contracts and can omit pay for work done if the schedule is changed to add a new class to the teacher's workload. The teacher in other words is rewarded for working extra by not being paid. In the nicest possible way - ie manipulative, fake friendly style.

I'll say the school's name now - Wing. It's easy to remember and I wonder just what is going to happen to this reference in my post. I am sure the person I know can provide documented evidence of this lady's behaviour so why would Dave's censor this post?

The chances of ANY English teaching school in Japan suing for a teacher leaving without fulfilling their contract and living outside of Japan or writing the truth are slim. So slim as to be laughable. They are not going to spend more money than they recoup in pursuing somebody and indeed would find it immensely difficult to even negotiate the legal steps necessary in another country.

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

That conversation would go more like this.

Eikaiwa: Moshi-moshi.

Lawyer's office: Dewey, Cheatem, and Howe. To whom may I direct your call?

Eikaiwa: Eh? Moshi-moshi. Sumimasen ga... ano..... ano.....

Office: Excuse me? Ann who?

Eikaiwa: (muffled excitable conversation in the distance, dictionaries shuffling open and closed)...... Just moment, please... This is ABC Eikaiwa calling..... ano...... Can we lawyer court to teacher?

Office: Pardon me? (nasal New York-ish accent heavy now with impatience) You want to teach a lawyer?

Eikaiwa: (VERY flustered now, MUCH backroom chatter)... ano .... just moment please...... ano...... We want sue!

Office: You want me? Pervert! (Hangs up)

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

deleted (double post)

GambateBingBangBOOM · Joined: 04 Nov 2003 Posts: 2021 Location: Japan

poof · Joined: 23 May 2005 Posts: 161

An interesting topic.

Although PaulH seems well informed about the legal issue, it sounds too ineffective for today's times of internet forums when anyone could in theory slander anyone cross borders. Are you saying that provided a server is in another territory, there is no claim to sue?

Whatever happened to the guy who wrote the 'scumbagsinjapan' site? He wrote some abrasive stuff about several big recruiters in Japan. He was then persued by those recruiters claiming that he was destroying their reputation. His site has long sinced vanished. However, he maintained that everything he wrote on that site was true.

I think you don't have reason to worry if what you are saying is 100% true and it's in the public interest to know about an employers malpractice. 'In the public interest' would perhaps mean that it's a place where new teachers would be advised against working. I also can't imagine a smalltime school trying to track you down, either.

However, surely if the issue is serious enough, perhaps there would be more effective recourse if you reported your story to the labor board or similar.

PAULH · Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan