The company is doing a reorg, and unfortunately I am part of the divisions they would like to let go. I am 21 weeks pregnant, which leadership was fully aware of. I know it will be near impossible to find another job at this point in time as I doubt anyone would want to hire me before I go on maternity leave in March.
What are my options? With it being a reason outside of my pregnancy I don’t know if I have any rights. Additionally, does anyone have any legal resources or counsel they can recommend I reach out to? This news is still sinking in, but in the meantime I’ll still try to apply to any positions I see.
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23 comments
Are you a regular employee?
Don’t sign anything, go to a lawyer first and foremost.
If they are getting rid of the division, have they offered you and any other from said division any other position within the company?
Do you also know their sales figures and whether they are in red/black this fiscal year?
What is their official reason? Do you know the others being let go? Were they offered alternative positions?
1. A company has to meet a certain criteria to lay off a permanent employee.
2. They knew you were pregnant.
As mentioned by others, talk to a lawyer and fight them with the weapons you have.
I would say you have a good chance to sue their asses and ask for a good compensation, or at least get to remain in the company while you take your 産休 after which you can always think what to do.
One of my friends (male) was laid off recently as part of mass layoff. His company offered 3 months paid leave. He counter proposed 4 months and they agreed
Some of the other team members who had been let go are negotiating for 6 months. Unfortunately I don’t have any legal contacts to share.
One advice my friend was given, record every meeting/ conversation going forward. Don’t agree for any proposal in the meeting even if it is very good. Tell them you will discuss with family/ lawyer and let them know the decision.
As a pregnant lady, you are basically untouchable. Depending on what they did/said it could be maternity harassment.
Before letting you go, they must have written warnings and give you chances to improve etc. if the company did not do that then you have a strong case most likely
Get a lawyer to do this for you. If it needs to go to court, let it. It will most likely be cheaper for them to let you stay and take the maternity rather than fight a legal battle which they might lose
Source:I’ve been on the wrong side of this before. Not gonna share any more than this
my last company fired everyone when they left the country. this lady who was on leave already was left until the last group even tho her whole team was gone and finally was given severance along with everyone else in the final group. they’re really bold to think you won’t demand a fat pay to resign. get a lawyer and get free consultation sounds slam dunk for them
I also recommend a labor union called Tozen. They have helped many foreigners and even Japanese citizens that have been treated badly/illegally by their employers.
Also take screenshots of everything and voice record (it’s legal in Japan)
hellow work / roudoukijunkyoku – go there to report the issue
Records of anything from now on are important–do any discussion/contact about this via email to insure a paper trail. If they present something verbally, be noncommittal, and ask that they confirm what they are saying via email. (“I need to know what is being offered.” “I don’t want to rely on memory”–e.g., yours or mine.)
Love, that’s monstrous. I’ve nothing helpful to add but I really hope you get this situation sorted out, and FUCK them for this.
If they are shutting down the department, the sad fact is – like in the US – the company unfortunately has every right to make her and the rest of the department redundant. This is one case where Japan’s courts have ruled that one employee should not be able to hold up a company-wide restructuring, for obvious reasons.
Stay professional, keep doing your job as you have been, and focus on negotiating as big of a severance package as you can. Get a lawyer but DO NOT threaten to go public (yet), don’t tell them (yet) you have a lawyer.
Best of luck and seek legal counsel. Do not over stress as you are pregnant. Everything will work out!
If your company is having a bad sales and doing a mass restucture and lay off, you are not immune to it even if you are pregnant, they are only forbidden by law to lay off you if the reason is your pregnant.
I suggest just try to get some severance payment and move on, talking to a lawyer can be costly and time consumming, especially based on your comment looks like the company is doing restucture, be you pregnant or not anyway.
Even if you manage to stay in that company by lawyer you probably wont last, as news spreading and probably wont get a good future in the said company… negotiating some severance payment might be just straight easier and better.
One thing working against you is you’re foreign. Sorry to say. Getting a lawyer and being right are good things!!! But sometimes the judge will side with the Japanese company. Did they tell you a month before letting you go? If so it’s still worth fighting but you’re probably outta luck.
I went through something similar this year.
Step 1: Inform them that you do not approve of being let go, and then ask for their reasons, in writing.
Hopefully, that will slap the sense into them and they’ll backpedal. They’re likely banking on you not being aware of your rights. If not:
Step 2: Take their written reasoning to the Labor Board. It is illegal to fire a pregnant person in nearly every circumstance (if it weren’t, employers would jump at the loopholes). The Board should help you figure out what to do.
Rule number 1, do NOT sign anything when discussing the company laying you off. Get the “quitting offer”, say thank you, I’ll consider it with my family/lawyer/etc. and put it in your bag.
* 1-3 months is BS, because what you sign is basically saying “I’m quitting for 1-3 months pay”, but then you don’t get unemployment insurance for a bit because technically you quit, so being fired on the spot, OR quitting with 1-3 months pay turns out to be almost the same (financially).
* 4-9 months is the usual that a company should expect to pay to full-time employees, and the normal thing from what I’ve seen from many, many people.
* 9+ months is exceptional, BUT you are also in an exceptional situation. I’ve seen it twice times, so I wouldn’t be surprised if you can negotiate 9-12 months here. They are gonna have to pay up to 12 months (well, partially) anyway when you are having the baby.
The labor laws favor the employee here in Japan. Don’t agree or sign anything until you get a package. You can simply not show up to the office and keep collecting your salary until you get a decent package. The company cannot just stop paying you if you don’t agree to a severance. You might go through some nasty email exchanges but hold your ground, especially if you are pregnant.
I know as I have been on both sides of the package negotiation process. I saw 1 guy just not show up for 6 months until the company finally caved in with a package.
Wont you receive a few months worth of salary if you were laid off due to restructuring.
Don’t worry mama. Please take care of yourself. I’ll be fine because you’re a seishain and pregnant. I’d go to hello work/city hall and ask what to do from a free lawyer. Don’t take anything your company says as gospel. Don’t sign anything.
At my work place we had a situation where we had to fire a bewilderingly incompetent staff member. Incompetent in so many ways.
There was a time lag due to an HR cock-up. Letter not sent for a month. HR *finally* sent a letter to get rid of her around the time she became pregnant.
Entirely unrelated and staff did not know she was pregnant. Of course.
Nevertheless, the seeming ‘firing for being pregnant’ look was there, she took the company to court. And won. Big pay day.
So, moral here is, people in the wrong win. In far weaker positions than you. The General Union will be delighted to take on your case, upon you joining them. It’s a slam dunk for you. You’ll be awarded s large bundle of cash.
Where is she now? She left another employer in the lurch and buggered off to another country.
Wishing you the best!