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my_way
Joined: 16 Feb 2010
Posts: 72
Location: tokyo
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 Posted: Wed Mar 30, 2011 1:49 am Post subject: fired and reinstated...is this legal? |
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hi all.....here's the sad but true story. i continue to be amazed what employers feel they can get away with here. i am a great teacher and the class has been wonderful!
i have been working at an international kindergarten as an after-school teacher since last may. there is a contract and the position was 3 hours once a week.
the contract ends in may, but i gave my 30 days notice last week as I have a new job starting in may.
my boss replied to the mail saying that he is sad to see me go and alluded to the idea that i was leaving because of the recent disaster and asked me to tell him when i would be leaving so that he could pay me.
i replied that i was not moving from japan , but had taken another job. and would be here until august.
he then FREAKED out and wrote some message about hoe he couldn't believe my decision and how his son (one of my students) would be very upset....he then wrote that i was terminated!
i couldn't believe it!!
i told him that he was being unreasonable and that firing me was against the law.....told him that if he didn't want me to teach for the month of april he would have to pay me.
i am familiar with the labor laws because, unfortunately, i have been through this before.
he made all the threats of lawyers....etc......
anyway....yesterday i get a message 'employment reinstated'......he says i am to report to work this week, but not to teach, but hand out fliers.
is this legal??
can he change my duties of the job like that.......after he fired me for no reason to begin with???
thanks in advance for any advice......i can't believe i have to deal with this crap, but i will fight as i have done NOTHING wrong. |
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Mr_Monkey
Joined: 11 Mar 2009
Posts: 661
Location: Kyuuuuuushuuuuuuu
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| Posted: Wed Mar 30, 2011 5:19 pm Post subject: |
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He wants you to hand out flyers for a month?
My guess is that the legality of such a move would depend on whether or not flyering is in your contract, even if it's not directly mentioned.
He probably consulted his lawyer who told him that he couldn't fire you for daring to go work for someone else.
I'd hope that your boss cools down enough to recognise that it's better to have you in the classroom for the final month so that you can do a proper handover to the new teacher. This being Japan, though, it's just a hope until such a thing materialises, if it does at all. |
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steki47
Joined: 20 Apr 2008
Posts: 1029
Location: BFE Inaka
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| Posted: Wed Mar 30, 2011 9:55 pm Post subject: |
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I wonder how many other teachers he's done that to?
Sad that people do business like that. Been there myself. Let us know how it goes. |
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my_way
Joined: 16 Feb 2010
Posts: 72
Location: tokyo
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| Posted: Thu Mar 31, 2011 12:00 am Post subject: |
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well, as i mentioned, i only work one day a week for 3 hours..... but the position is contracted.
the guy seemed pretty cool up until last week 
i think i'm going to tell him that if he wants me to come and do the job stated in my contract for the month of april, i will.....but he explained in his mail that he wants me to have 'no contact with employees or students'.
unreal.....i suppose he feels like an ass after all this and expects me to behave as immature as him.
i don't know if it's leagl to suddenly change my job like he did? after firing me for no reason to begin with. |
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Shimokitazawa
Joined: 16 Aug 2009
Posts: 458
Location: Saigon, Vietnam
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| Posted: Thu Mar 31, 2011 2:51 am Post subject: |
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| my_way wrote: |
well, as i mentioned, i only work one day a week for 3 hours..... but the position is contracted.
the guy seemed pretty cool up until last week
i think i'm going to tell him that if he wants me to come and do the job stated in my contract for the month of april, i will.....but he explained in his mail that he wants me to have 'no contact with employees or students'.
unreal.....i suppose he feels like an ass after all this and expects me to behave as immature as him.
i don't know if it's leagl to suddenly change my job like he did? after firing me for no reason to begin with. |
This may be difficult to ascertain, but is handing out flyers described as part of your role in your contract? He's egotistical and vindictive. His way of punishing you for leaving.
Does anyone here know if part-time instructors are regarded differently by the Labor Board in terms of being able to collect 1 month salary if they are fired on the spot? I guess that is why he has you handing out flyers now, because he can't fire you out right without paying you a month up front.
I had a buddy let go last summer from Gabba or AEON or one of those schools in Tokyo and but he was part-time. I guess he had a problem with the management or something. Anyways, when he was telling me about working there, he never mentioned getting a months salary as compensation after getting fired.
So my question is, are part-timers even eligible for such a payment of 1 month's salary after getting let go? And how would this be determined if the teachers were part-time and on not on any fixed schedule, i.e., like at Berlitz where many part-time teachers are on a per-lesson schedule and may only get 1 or 2 lessons an evening or none at all? How would the final month's salary be calculated if they were fired, assuming they were entitled to it under labor law? |
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king kakipi
Joined: 16 Feb 2004
Posts: 353
Location: Australia
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| Posted: Thu Mar 31, 2011 10:16 am Post subject: |
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I'd give out the flyers and with each one the advice, in Japanese, that "this is a place to avoid at all costs as they tried to terminate my employment illegally; have a nice day"..........................  |
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