Part 1: https://www.reddit.com/r/japanlife/comments/1cghmz1/fired_after_declining_forced_resignation/
I'd like to thank the r/Japanlife community for the incredible support and ideas during this challenging time. I'm here to update you, hoping this information helps anyone facing a similar situation in the future. We confronted the company about paternity harassment (Childcare Leave Act), provided evidence of overtime claims, and documented threats of dismissal for refusing to sign agreements as well as proofs of company profits. I have recorded every Webex meeting (audio and video), saved every email, performance review, calendar meeting, and important Teams chat from the initial interview to the final meeting. My good relationships with employees globally allowed me to access their US-style "fire-at-will" contracts, highlighting the differences from mine. Notably, the HR rep and direct line manager in the US have resigned. The company offered to settle for one year's pay to avoid court, but my lawyer with balls insists, "We'll see you in court.". We are now in the process of preparing litigation while the Company promised to get back soon enough for an improved offer.
Document Everything: Record your initial interviews, job offers, and any meetings with managers and HR. Keep all emails and chats, even if you don't foresee any issues. This advice was given to me by a former employer's legal team. Avoid sending anything to your private email; instead, take videos rather than photos and scroll through emails and chats.
Choose the Right Lawyer: While cost matters, take the time to consult with multiple law firms specializing in labor laws. Avoid firms that boast about settlements of only 3-9 months. If you don't speak Japanese, bring an interpreter. Many English-speaking lawyers are available at similar prices. Do not waste money on esquires or consultants who prey on uninformed clients.
Highly recommended (Japanese only): https://shomin-law.com/
My lawyer's costs:
Negotiation Phase Retainer: 300K (unlawful dismissal), 500K (unlawful dismissal + extras) + documentary and travel costs
Negotiation Phase Contingent Fee: 10-25% depending on settlement amount (no contingent fee if it moves to litigation without settlement)
Litigation Contingency Fees: 10-25% depending on amount
Additional retainer in case of defendant appeals
Seek Second Opinions: While I chose my main law firm, I also consulted different firms on an hourly basis for second opinions. This costs only 5-10K per session and, with preparation, is usually enough and worth it.
Avoid Free Lawyers at Jethro: They are more inclined to mediate in favor of companies and avoid litigation. Their advice is basic, and they are restricted from providing thorough guidance. Don't waste your time.
Stay Calm and Don't Resign Under Pressure: If encouraged to resign for trivial reasons, remain calm and unemotional. Don't show anger or agree verbally, as it can be used against you. Never sign any documents without a lawyer's review.
I am happy to answer any questions when I see them and as long as appropriately not doxxing myself or the defendant.
by Delicious_Battle_140