I searched other posts and have google’d my options the best I can, but maybe I can get a few more opinions before I contact the labor board and a lawyer. Also, my Japanese is not perfect but around n2 level which is enough to get by but hard to explain everything so, I will more than likely have a friend translate any evidence that I have into native Japanese.
I have been working at a black company. It’s a Youchien with Eikawa on the side for parents that want their kids to study English as well. I have a ton of stories about power harassment that I could talk about that if I posted here it would be too long to read so I will keep it as short as possible.
Basically, I have been working with this one foreigner that has been with the company for over 10 years that would not stop harassing me. Literally screaming at me and telling me to quit etc. I have one of these interactions recorded. I have brought it up to the owner who is the Enchou of the kindergarten and he has said numerous times it’s not his business. I have two of these interactions recorded as well. I have him recorded saying, “I don’t care if you are getting harassed.” and many other statements that you can’t get away with saying.
I consulted the department of labor regarding this and will be going back there for more consultation and advice going forward, but I want to make sure I have a firm understanding of the process and I want to make sure that I don’t say anything that could jeopardize my chances of winning a case.
Further information:
I have worked at this company for almost 4 years.
I am not Seishain but hourly contracted.
They are sponsoring my visa.
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Edit: I forgot to mention why I was fired. Last week I told my boss that since he will not protect me for power harassment from this individual I have to go to the labor board. 1 week later, I am being fired. He gave me a bunch of bs excuses like: You forget to punch in late sometimes. We can see your tattoos.
Also, this company has never given me a contract to sign for company rules and policies.
9 comments
Talk to a lawyer
Department of labor wont be of any help at all. Getting an actual lawyer to do something is the only thing that will make any action happen. Most likely a case of going to 労働審判 .
IANAL but here is my input
In my opinion, litigating unjustified firing is easier because for an employer to break an employment contract, the burden of proof is on them. Although if you aren’t a seishain, you aren’t as well protected but you may have some recourse.
Unfortunately to get compensation for emotional distress because of power harassment is harder because you have to prove that they power harassed you. Whether your recording evidence exceeds “beyond a reasonable” doubt to win a case like that is unknown.
In regards to wrongful termination, I doubt you’d want to go back to working there so maybe you can negotiate some kind of severance pay.
Whether your termination was justified or not depends whether they can OBJECTIVELY prove you broke company rules somehow and that those rules are not illegal or infringe on protected rights. I.E. if a multinational corporation forbids going to adult entertainment places with customers for drinking parties and they caught you using the company credit card in a place like that, you can get fired because that is objectively breaking the rules and going to adult entertainment isn’t a protected right (for now). (Poor performance usually isn’t objective by itself which is why its hard to get fired in that sense but I digress)
Look through your contract again. If you believed that you didn’t break any workplace rules or terms and conditions of your employment contract, or if they falsely allege you of breaking rules and you have proof of that, then you can put pressure on them. You could claim that they are unjustly letting you go and that you have legal recourse. Further kudos to you if you can get the labor board or a lawyer to tell them that too. Then they might be willing to give you some sort of severance pay in return for you dropping any future legal action against them.
However that is just the best case scenario that I can think of. Whether it will actually play out that way, I can’t guarantee either.
I don’t think I can give better advice than that already given. I would just add to align your actions with your end game. Are you trying to keep your visa? Probably you are not trying to return to this job.
I suppose pursuing a payout while looking for a new job is the best path forward if you’re seeking to stay in Japan. Only a lawyer can tell you about the payout potential
why have you been working at a place like that for so long?
What are you expecting from pursuing this? If it’s justice, sure, go for it and good on ya. If it’s money, I think it’s going to cost you most in time than you will get back.
Just make sure you temper your experience before investing too much.
Sounds like they did you a favour.
For now, put your energy into finding a new job.
Sounds like a company whose acronym is/are the letters after JCH, respectively.
If so, yea fuck those guys. If not, then still, fuck those guys lol.
Sounds like they suck and you should be glad to be out. That said I doubt you are doing anything but pissing away time and money trying to go after them. Like, just having tattoos is already enough for them to justifiably fire you from a kindergarten.