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Japanese Labor Law - taking legal action against a former employer retrospectively

jack6251

Kouhai
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Hello folks

2 years ago my contract ended at an English school in Gifu with a really rotten woman as my employer. She was quite a bully! Nothing was ever good enough and twice weekly I'd be grilled and told how students were always complaining which I knew were lies.

So to the point. She seemed to be having a change in attitude and invited me out to a restaurant, I thought to perhaps solidify our working relationship, no. During the meal she began her routine of putting me down so I calmly put down my knife and fork and suggested we end my contract earlier than planned. I felt that perhaps she'd agree to me working another 3 months so as to give her time to find a new teacher and me time to find a new job. In a flash she agreed and said "30 days. You have 30 days". That was the end of the meal and I'm sure you can imagine my world fell out from under me at that point.

I've since read a little about Japanese labor law and despite her giving me that required amount of days notice, she never gave me a reason in writing nor verbally as to why she brought the contract to an end as soon as she did.

It transpired after that she was continuing to advertise for new teachers (she only had 2 locations, 2 teachers) in an on-going basis "just in case" so as to replace anyone at any time and she told me this is what she always does. She's done this to me and others it seems. She has horrible reviews online and the online good reviews, I think she wrote them herself as I recognise certain things in the style of writing.

Anyway to my question. Is what she did illegal by NOT giving me a reason (as I'm sure it is based on what I've read online) and would it be worth taking legal action against her?

Any thought would be appreciated, thanks.
 

Majestic

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would it be worth taking legal action against her?
No. It would just be an expensive, frustrating exercise. An offer was made, and she accepted. Or, you could say her counter-offer was accepted.

The argument would hinge on: was there an offer of early termination, and was it accepted? It sounds like there was both an offer and an acceptance, so it would be extremely difficult to argue (two years later) that you were terminated unfairly. She doesn't need to give you a reason if you offered to terminate early, or if she offered and you accepted.

She only needs to provide a reason if she is firing you. Early termination is different from a firing.
 

jack6251

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No. It would just be an expensive, frustrating exercise. An offer was made, and she accepted. Or, you could say her counter-offer was accepted.

The argument would hinge on: was there an offer of early termination, and was it accepted? It sounds like there was both an offer and an acceptance, so it would be extremely difficult to argue (two years later) that you were terminated unfairly. She doesn't need to give you a reason if you offered to terminate early, or if she offered and you accepted.

She only needs to provide a reason if she is firing you. Early termination is different from a firing.
I appreciate your reply. It seems the mistake was mine to make and it looks like I made my own problem by being naïve enough to think we could have found a mutually agreeable time to part company.

For those wondering about which school it was, it was Kensington English School in Gifu City owned by Mayumi Cook.
 
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