Previous thread: https://old.reddit.com/r/japanlife/comments/1201i1d/moved_from_us_and_then_company_pulled_my_job/
Thank you to everyone who replied to my previous post.
I consulted the labor union who said lawyer up.
I consulted a lawyer firm who said I must prove two things:
(1) Who hired me in this case?
The company is big enough that the person handling hiring matters, like the contracts and collaborations, was not the official person on the business registration. For reference, the HR involved in hiring me had the title “HR Generalist”. Even their boss was not on the registration. That big of a company.
So, I would need to prove that they had the authority to hire me. The lawyer said this is basically impossible, and I would need to have very compelling evidence since the japan side tried to refuse responsibility of me as a JP employee, and would not issue a notice of separation when asked.
(2) I would need to prove I took orders from JP and was a part of the Japan entity (things like taking orders from my Japan boss, office coworkers, or customers).
Since my first contract was for a one year fixed term of 10M yen, they said I would expect 6 months of severance pay on a perfectly settled matter, or 5M yen. I’d unlikely receive any hiring bonuses in settling.
**Edit**: They originally mentioned I should be paid out until the termination of my 1 year contract, but they steered away to a 6 month severance as the conversation continued, and I do not know why that number changed as I reflect on the consultation.
The lawyers said I should realistically expect 2-3 months of salary instead of the that 6 month proposed settlement, before any lawyer’s cuts.
On perfect settlement, the lawyers cuts were estimated to be 450,000 yen for retainment and 750,000 (for a total combined 1.2M yen) for winning. So at expected 2-3 months settlement, the lawyers would receive 600K (~25%) of the estimated 2.4M settling.
The lawyers I consulted did not consider the whistleblower act, overtime premiums, unpaid overtime numbers and other discrepancies as part of my concerns, because the two points needed to be proven first and the consultation time already finished.
For now, I am applying for new jobs.
Edit: typos
8 comments
I’m sorry you’re going through this, OP.
Do you feel like you could prove points 1&2?
If nothing else, the “HR Generalist” who hired you and anyone else who was included in that email chain should be fired, because that is quite a screwup if they extended a job offer to you without authority to do so.
Or, in other words, if they don’t get fired, then that would imply that they are in fact authorized, if you catch my drift.
Good luck!
As shitty as your situation is, make the most of it! You’ve got your feet on the ground in Japan and that’s a big bonus when it comes to job hunting.
This almost exactly happened to me a year ago, and I had the same advice/outcome. I’m sorry. It sucks.
Yeah this sub is excessively optimistic on the chance of success and payoff for labor lawsuits. Sorry you had to find out the hard way. That said you could always get a second opinion. Usually not a bad idea when it comes to doctors and lawyers.
Key point is, do you have the means and patience to wait out a lawsuit or mediation? From the cases I’ve seen, six months pay out in these circumstances would be generous and they’d have to be really concerned about the reputational risk.
Godness Japan sound so shitty. From having hardtime to get a doctor, having toxic workplace, people never accepting you, having hard time to find a job, people aiming at you and picking fight…
No thank you.
I’m sorry you have to go through this but why not consult with your embassy as well?