I did something stupid at the end of last year, which caused a police investigation. I started a new job a couple months ago (well after the events), but the investigation only came to a head last month, where my current job was contacted. The investigation is now over, but my current job didn’t just leave it.
They are telling me if I don’t resign, they’ll have no choice but to fire me which will remain on record.
The actual event that occurred was before I even applied for this job, and their reasoning was that they can’t trust me to work there anymore.
Tokyo area if it matters.
What are things I should know / what are my options?
Edit: They are trying to get me to quit on the spot – if they fire me, is it instant?
34 comments
It’s hard to say without know what the case was.
Who can see your job record anyway?
You don’t really have any options. Your reputation has been tainted and in their view allowing you to stay there would taint their reputation. You’ll just have to find another job.
I related a story a while ago of a factory manager who got busted for drink driving. The cops showed up at the factory to inform the company and he got demoted, bonus cancelled and a pay cut. I don’t understand what the fk right the cops have to go around screwing with people’s private lives that have nothing to do with the offence in question (he didn’t drive for work). The guy is already being punished by the legal system according to prescribed measures. Under what legal code are they dumping people in shit to be penalised arbitrarily by a third party (the employer).
Go see a lawyer and check whether the cops had any legal right to go informing unrelated 3rd parties about the offence, especially if it wasn’t while you were employed there. It could be a breach of privacy IMO although it seems to be common practice.
“no choice but to fire me which will remain on record”
What record is that?
You should leave imho as working there will be a nightmare going forward but that threat looks very weird.
What ‘record?’ There is no database of people who have been fired in Japan lol and no companies contact previous companies to check (at worst some foreign companies check you were employed there at the time you say you were but they don’t care how it ended). They are absolutely trying to strong arm you into quitting since it’s a lot more trouble for them to fire you. Don’t.
We don’t know the nature of that “something stupid”. But this is Japan, and you don’t have many options. Resign and find a new job before it remains on record. And if possible, try not to cause “something stupid” in the future. Again, this is Japan.
What exactly did you do?
Btw having a criminal record in Japan is very bad. Many corporate jobs will do background checks, and they will not hire you due to having a criminal record
Edit: having said that, it depends on the case. Drunk driving will be less likely to affect you than 痴漢
If it was drug related, kiss your career goodbye (unless you’re an Eikawa teacher or something, I doubt they check)
There are strict criteria that a company has to meet to fire someone legally. Chances are they can’t actually fire you legally so they are trying to scare you into resigning.
Usually companies will offer a payment for people to resign as firing them is too difficult, maybe you could try to negotiate a payment. 3-6 months salary is what you might get if they fired you and you took them to court, to give you some idea.
By the way a company isn’t legally supposed to say anything to any new potential employer other than confirming you were an employee there and the time period. So suggesting that you being fired will go on any kind of record or any new company would know seems like a lie, unless they plan to illegally tell them.
Disclaimer: I am not a lawyer and the above is just my knowledge of how it works from knowing a Japanese person who was fired illegally and went to court over it. It might not apply in your case if you are not a seishain employee or if the police investigation is a legal reason to fire you.
They can’t fire you unless you were convicted.
Going to have to know the full backstory first.
There might be nothing you can do but I would definitely get proper legal advice before agreeing to resign.
I know it’s a japan_life trope but I think in this case you probably really do need to “lawyer up” or at least go get some free initial legal advice. 法テラス seem to provide free consultations (in English) for free.
Either that or just leave the job and find another one. The problem is that even if you resign it’s going to look weird on your resume (people don’t usually quit after a few months for no reason) so you’ll have to explain that away. I suppose you could say “the job just wasn’t for me”.
Never resign. It’ll cause a delay in you getting unemployment insurance and it’ll cut the number of months you’ll receive it.
But really, just go to the labour ministry. They’ll sort the company out.
I’m not a lawyer and not your lawyer.
Depending on how badly you want to keep this job, you should consider seeking professional advice.
Despite the general difficulties in firing people in Japan, you may have given them two grounds that enable them to fire you.
First, most work regulations (就業規則 ) contain clauses allowing people to be dismissed that do things that besmirch the company. Your action even though t was last year might still qualify. The precise way this can play out is dicey enough that you deserve any advice you believe from the internet on it.
Second, most job applications include spots for things like “have you ever been disciplined by an employer or committed a crime?” If you didn’t disclose that you were investigated for this, that might fall under the failure to disclose reasons for firing. Again, it’s a complex mess of case law, so if you want to deal with this get a lawyer.
My guess (and you’re getting what you paid for here) is that an employer could prevail if it goes to court. In part because even on top of the case law, whatever you did was enough that a cop wanted to make sure your employer knew and would gladly sing about in hearings or affidavits.
—
if your primary concern is “get fired” or “quit”, then you should pick “quit” here because “get fired” would be 懲戒処分 which would then need to be mentioned in future job applications (“need to” here means that they ask and if you don’t write truthfully, they can dismiss you for false information in your application)
Maybe meet them half-way and agree to leave but ask some for some time to find a job..
Let them fire you. So many companies here don’t want to pay out termination benefits, and so try to force their employees to resign. Don’t play their game. What does it even mean, your termination “remaining on record”? Once you’re gone, you won’t have any dealings with them anymore. Call their bluff.
Don’t resign. Make them fire you. This “record” doesn’t exist.
First thing first, did you sign paperwork upon accepting the job, on being honest about all your criminal, arrest, lawsuit history? if so its consider misrepresentation of one’s past record if you told them nothing.
Here are your options
Option 1: Take the resignation, easier and less paperwork for both side, go find a new job.
Option 2: Make them fire you, get a lawyer and file an unfair dismissal claim (不当解雇) if you think you did nothing wrong against company policy.
Man, it’s such bullshit here police get your place of employment involved in things.
Lawyer – at least a free consultation with the local bar association or via legal aid (which will vary depending on where you are).
This is dumb, there should be no repercussions for your actions, it’s not like you are Japanese right?
if they could legally fire you they would have done it already
Maybe worth checking common and statutory law on termination of employment contracts in Japan to see if they have valid grounds to terminate you. There may, for example, be a legal obligation to disclose current investigations relating to an offence when applying for a job. I doubt it, but you never know – different countries have random legal quirks.
https://knowledge.leglobal.org/termination-of-employment-contracts-in-japan/
Do not resign. If you have to leave, make them fire you. At least you will get some money out of them that way (assuming they want you gone asap / without appropriate notice).
Talk to a lawyer before you sign or agree anything with your current company.
Never quit a job under any circumstances unless **you** wish to do so.
If they threaten to fire you, let them act upon those threats.
Moreover, being terminated allows you to immediately collect unemployment.
The fact that they’re threatening to terminate you instead of immediately following through is a good indicator that they cannot and are simply trying to bluff you into quitting on your own.
It’s easy math in my books.
If they want you to voluntarily resign, have them agree to at least a large enough severance package that you can survive until you either find a new job or “resignation” unemployment kicks in three months later.
If they are adamant they want you out immediately and have no plans on paying you anything, have them fire you. That way you can at least jump on unemployment right away. Technically you’ll be on record as being fired at Hello Works as you apply for unemployment, but other than that most (not all, but a lot of) future employers in Japan usually don’t follow through on checking references.
Were you charged with anything or get any formal warning/discipline? I expect that would have an impact too. Per my other comment though, see a lawyer before doing anything else.
So you were drunk, stole a bike and got caught?
OP is constantly super vague about what they did other than saying “it involves a bike that wasn’t [theirs]”. Unless I hear otherwise, I’m gonna understand that as “stole or destroyed someone else’s bike”.
If they fire you, you can collect unemployement. May be better to get fired. I am not a lawyer and this is just my random opinion. Also what a shitty company. Unless it was something drug or violence related it just sounds to me like they want a reason to cut you out without paying you severance or something to quit.
Btw, if you leave Japan with a record. Won’t be some issues entering back?
Even if you stay you perhaps have no trust there anymore and you might not be treated well. I don’t think you should just quit but you probably should try to find another job and have (another) fresh start. Presuming the police matter really is closed now then it shouldn’t you in your next job.