Job Discussion Forums

[milo baggins]

I want to thank all of those who wrote me in my original posting "My contract has been broken - any advise?"
I have taken all ideas and suggestions very seriously. Here is where the situation is at now. I share this in hopes that it may prove helpful to others.
In a recent email from the local representative from the USCC, I was told that the usual fine for a broken contract in my situation was $500 - 2,000. I had asked the school for RMB6000 - about 1000 less than I was owed (about $750) for December and January. The representative asked if I would consider accepting the $500 as a penalty.
I said that I would accept the $500 as a penalty if the school would pay me what I was owed for the teaching I did in December. The last day I actually taught was Friday, December 8th. I had been told, however, that I was to teach the following week, December 11-15. I spent time during the weekend preparing for the next week's instruction and showed up for work Monday morning, at which time I was informed that my services were no longer necessary.
The school has informed me that it intends to pay me for five days of teaching, this being contrary to previous practice. Obviously, they wish to pay me as little as possible as this time.
I told the representative that I should be paid through the 11th of December (RMB1240) in addition to the $500 fine. This comes to a little less than RMB5200. It's a compromise, but it allows the school some small "victory" over my original request.
Meanwhile, my Chinese wife has turned out to be quite the fighter. She contacted the Education Department and has been talking to them, and they will be looking into it as well. I have mixed feelings about that and have asked her to talk to me in the future before calling anyone. I'm afraid that two many parties involved may cause the school to take a resistive position, or it all may just backfire. Then again, it may all turn out for the best.
I will let you all know what happens in the end. Thanks again for your input and support.

[7969]

hope it works out for you.

but after reading your last thread, and this thread, and reading the title of this thread, it seems to me that the school broke the contract yet are aksing you to pay a penalty? am i reading that right? if so, something is really wrong.

as for your wife, good idea that she is trying to help, at least she has a stake in this too and can probably help you out, but also good if you know what she's doing and saying beforehand.

good luck. 7969

[Steppenwolf]

Good luck!

[clark.w.griswald]

Thanks for the update and I too hope that it all works out for you. As per my posts in the other thread I did not hold out too much hope that you would get a win in this one, but this is certainly the sort of thing that I am happy to be wrong about!

PS: I am assuming that you are referring to the fact that the school is paying to you a penalty for breach!!? Not the other way around. Your post is a bit ambiguous on that point.

[no_exit]

I read it as the OP was requesting the school to pay a fine to him, as the school was the party that broke the contract, not the OP. In general these clauses work both ways -- both the teacher and the school can be held accountable in case of a contract breach.

[milo baggins]

Yes, it is the school that would be paying the penalty. Today we go to meet with representatives of the Education Department.

[vikdk]

go man go!!! - prove me wrong when I keep telling folk there is no recourse to justice through the legal system - I will gladly eat humble pie here (I was the guy who told him to run in the other thread ) !!!
And also prove others wrong by in their insistence that only those holding a legal Z have the security of the law protecting them.
Best of luck - those Chinese wives/husbands who won't shut-up and know where and how to ask/insist/demand could be the key to a lot of problem solving out here!!!!

[milo baggins]

December 21
It's been three days since you talked to the school. Did you speak to the Director today? He should have been back. Let me know, please.

December 22
i called the school today and they told me the director won't be back untill next week. i can't get any information from other teachers. my director called the education department in weifang, ill ask him how's going on when he comes to the office this afternoon and get back to you later

I called one of the teachers I have gotten to know while at the school, and he said the Director is there today and has been there all week. They have been lying to you.

???!!!
they told me the director who is in charge of you was out, he is the vice principle of the school. i don't know if we'r talking about the same person. my boss may come this afternoon, ill tell him to see his opinion.

It is the same director. He has been lying to you to avoid dealing with this.

they keep telling us that the director hasn't been back. we have no other ways to solve this problem. we suggest you sue the school in court. the contract is between you and the school, now it's the school who breaks the contract, you have the right to maintain your rights and interests.

December 23
1) The school is not giving us the money it promised us.
2) You are not giving us the money you promised us.
3) We have about RMB300 left for food and no way to go anywhere.
........and you want us to hire a lawyer?

Merry Christmas, everybody.......

[Malsol]

Milo -

You keep acting like a wild west cowboy in China.

Go back to your original thread.

MANY OF US TRIED TO WARN YOU TO TREAD LIGHTLY.

Getting "her" involved is never a good idea. She has no relationship with the school and China is about "relationships" not right and wrong. You ever stop and think how many Chinese are named wrong? (Spelled Wang. Pronounced Wong.)

And now you have even more practical experience to qualify you to teach!

[milo baggins]

Thanks Malsol, but I think I didn't communicate well some things. Let me clarify.
1) My last post was an email exchange between the representative of the USCC and myself. It had nothing to do with the Education Dept. or my wife.
2) I did not "get my wife involved", she acted on her own initiative. I have asked her to check with me first before doing anything else or talking to anyone.
3) I have for the most part been sitting and waiting things out. Nothing I have done or my wife has done has had much effect positive or negative at this point. So, I don't think the "Wild west cowboy" designation fits, but I can see how you derived that from my postings.
My wife did talk to a representative of the Education Dept. but it doesn't look at this point that they will be able to do much to help. Seems to be a dead end.

[vikdk]

[milo baggins]

I think we definitely have a case. I don't think there's much disagreement there. We don't have any clout though, and (2) and (3) seem to both apply.
The school is hiding. This tells me that they know they've done wrong, and are unwilling to come into the open. They have lied and cheated and stolen from me, and in my mind they are cowards and bullies (the two usually going together).
The US director of the USCC (US-China Center for Education and Culture Exchange) repeatedly told me that he would call the director and assured me that I would be paid, but when I checked with him later on a couple of occasions, he said he had been too busy, and the last time I spoke to him, he seemed a bit testy about being bothered. Presumably, he's been too busy ever since. He hasn't responded to any of the emails that I've been sending to the China representative of the USCC and copying to him.
Sidenote: When I was interviewing for the position, the US director of the USCC told me that their organization was the largest of any who brought foreign teachers to China, and that they brought more foreigners to China than any other organization as well as bringing a significant number of Chinese nationals to the US.
It sounds to me like the Chinese representative of the USCC is giving up. having fought the good fight by calling the school a few times, she is apparently stymied by their tactic of lying about the school director's presence at the school.
And we did not get much encouragement at the Education Department.
So..... my wife and I are sitting it out as long as we can. Maybe if we starve and they later find out mummified remains, some action will be taken.....like a memo. Pardon my sarcasm, but I really am trying to smile through this.
Thanks again to everyone who posted here.

[vikdk]

thanks Milo for being so objective, in your posting, during a period where you must be feeling like the proverbial shiite - I personaly hope that in a couple of days time a miracle occurs - a star shines over your appartment and the door is opened by three wise men - one from the school, one from the education department and another from USCC - bearing gifts of money, humiliation and apology

[Malsol]

LAST RESORT:

GO TOTALLY WESTERN - go sit in the Director's office and refuse to leave until paid. If PSB comes, tell them you just want what is yours.

[kev7161]

I actually agree with Malsol (shock!) - - why all this email business when that is not bearing fruit? Why not go directly to the director's office and sit and wait? When he shows up, then pounce. Bring a video camera with you (or at least a digi-cam with video capabilities) or a tape recorder or something to record your conversation. I know, I know, this is looking to be a lost cause, but maybe a recording device of some sort may shake him up a bit or maybe his hired thugs will rip it out of your hands and stomp on it (assuming he has hired thugs). Regardless, go in person to see this guy - - what can it hurt?