Job Discussion Forums

[anne_o]

So my boss fired me with no notice and with no legitimate reasons. I told her she owes me 1 month pay in accordance with the labour laws. First she offered me 10 percent....and made some silly threats...I laughed at her and told her 1 month pay or I would take her to court. Now she's saying she needs:

copy of my diploma
record of my taxes paid since April

She says when I get these documents we will talk.

Is there any reason she needs these documents? I can't think of any and I don't want to play into her silly games. She says her 'lawyer' needs these papers.
Of course I would never give her my diploma, but I did send her the scanned copy I have and told her if she needed to see the original I would show it to her in person.
Also, when and if she gives me the money, should I get it from her personally? She always paid in cash, but the last months pay she deposited into my account.
Any other advice is appreciated.....such as what I should/shouldn't do??

Thanks

[Cool Teacher]

Maybe shes trying to find loopholes to get you done so she doesnt have to pay I dont think she needs those things. I dont think she has a right either.
Make sure you arent sub-contracting because that can cause a problem.

[anne_o]

Yeah...she's squirming...I think she'll pay, I just don't want to screw it up somehow. My contract was a normal contract.

[Glenski]

If your contract was "normal", then she should follow it by giving you proper notice (30 days or pay in lieu thereof).

Don't give her anything. She and her lawyer are not obliged to get any of it. Contact the labor standards office in your area today. Let them make her squirm.

[G Cthulhu]

No reason she needs either. And as your employer she is supposed to be paying your taxes, not you: most employees never see their tax documents.

She has (IIRC) 2 days to deliver your final pay and another 3 to prepare your tax documents.

[Cool Teacher]

Does she pay you cash-in-hand?

[J.]

Sorry about your situation; it is unfair and I'm not sure she can do it if you have a contract. But as we know employers who have little government oversight find a way around these things. Probably she has found someone cheaper to do the job.

Just a thought. She might want your certificate and tax records to get a work visa for your replacment since those are the exact things I was asked for when I applied for a "self-sponsored" visa. Who knows, but don't give her the tax records.

[Glenski]

[anne_o]

Thanks everyone!
She says she's going to pay, but she is stalling and says she is investigating me...ha ha ha!
She keeps talking about my taxes and asking me if I have paid my taxes. The only taxes I have ever paid are my residential tax....?
Someone here said that she pays my taxes as my employer.
Anyway, I told her this has no bearing on the wages she owes me.
She is a liar and paranoid. She is also very angry that I have called her out.
As I said, she said she is going to pay....but won't say when.

I have not gone to the Labour office yet because I just haven't......how long should I wait?

[Glenski]

anne,
You shouldn't wait at all. How long has it been so far since you were fired, and how many meetings or emails have you had with this person?

By law (yes, I keep bringing this up), there can be no delay in getting the Letter of Release.

If you did not file taxes on your own, then that usually means your employer took it upon themselves to do it for you. I assume you have received a tax certificate at some point (end of the year)...? That would prove it. Otherwise, you/they may have never filed!

But just how long have you worked there?

[anne_o]

I only worked there since March 20. I was fired on August 23rd. We have exchanged several mails, and now she is saying that she is going to pay the money......but won't say when!

[Inflames]

[Glenski]

Inflames is probably right about the tax certificate. Being paid in cash has its problems.

When is scheduled payday? When is your official last day of work? Labor laws say she is required by law to pay you within 7 days of your request. Obviously, she is just squirming now (reminiscent of NOVA or some old Interac ways). Don't let her.

Good suggestion by Inflames about phones, too. Unless you record the conversation (not easy), anything said there can be refuted in court or in front of any lawyer outside court.

I would also strongly advise you to NOT sign ANYTHING. She did the firing, and by labor laws she owes you a month's pay or a month's notice.

[gwynnie86]

Can I just ask whether you were directly employed by a school, or did you go through a company? Not that I'm paranoid!

[anne_o]

I was employed by a small eikaiwa in Hiroo/Tokyo. The name of the school is TKC or Tokyo Kids Club.
This has actually been a learning experience for me and getting fired was not really upsetting to me at all!
I have worked in a lot of different situations and this one was really quite a joke. There was no curriculum, which for me was ok as I had my own methods and ideas to draw from, but as time went by I realized that the lack of some clearly stated learning goals for each level really does not work well and the whole thing just ends up a being a big circus.
The boss was always talking about what a high level of English the kids had and that just was not the case. There were Japanese teachers who taught a so-called phonics class which was a total joke. I have taught phonics and learned from a very good teacher specializing in the area, and the classes were just another way to bring in a buck.
The boss lied to me and the other teachers when we were hired and was a mess of stress most days. She also has no clue about teaching.....that is not uncommon here I guess.
Anyway, as I said, this has been a learning experience for me and I am much better without the job...i'm just chillin and enjoying the beautiful weather!