Need Legal Advice-Being Bullied by Previous School

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1

Hey guys. Not really sure what to do at this point so here is my story.

I taught for two years at a Private Bilingual Elementary in Taipei, we can call the school SCHOOL A. School A is notorious for giving teachers the shaft when it comes to the end of contract performance bonus IF teachers do not sign on for an additional year. The bonus amounts to 1 months salary.

The contract states what is needed to receive the bonus (completing the contract, don’t miss more than X amount of days, work well within a team, etc…) but nothing about “loyalty” to the school or signing on for an additional year. When I finished my 2nd year I decided not to stay for a third, thus resulting in a very small bonus. I was told by the director that the school takes “loyalty” into account which is way teachers who leave get small end of contract bonuses.

After being told this I decided to take the matter to the Council of Labor Affairs. They reviewed my contract and decided not only was I entitled to the bonus if I had met all the criteria in the contract, but I was also entitled to 7 paid sick days for my 2nd year as well as a CNY bonus that was verbally agreed upon before signing the contract. We filed the complaint together and awaited school A’s response.

The reason I did not stay for a 3rd year at school A was because I interviewed at and was offered a much better contract at a different Private Bilingual School, lets call this school SCHOOL B. School B offered me a 2 year contract and I signed it, I mentioned the problems I had at school A and was assured those things would not happen at school B. So far School B has been amazing and I am very glad I made the switch.

Today, my new boss and director at school B said that school A had called school B, gave them my name, asked if I was working there, then told my new boss and director that I had complained about school A to the government and asked to meet and discuss this issue.

My new boss told me this with a smile on her face, told me not to worry, and that school A was just trying to cause problems for me. While I trust my new boss and believe that she will not use this information to treat me unfairly, I believe that school A is way out of line and had no business calling school B (there must be a law against this).

So for those who took the time to read my story what should I do? Continue waiting for the Council of Labor Affairs to address the first issue (end of contract bonus) or should I go report the new infraction (school A calling school B)? Has school A broken any laws by calling school B? Should I get a lawyer? If so does anyone recommend a good labor lawyer? Any advice would be greatly appreciated. Thanks guys!

2

@yyy Does Taiwan have any laws protecting against defamation of character, specifically slander? Looks exactly like that, one party stating falsehoods to ruin another’s character and reputation with spoken words to the person’s new place of business.

Edit – Perhaps I misunderstood an integral part of this issue.

Was “School A” just talking about you complaining about the unpaid bonus? If so, I really don’t see the problem. Originally I was under the impression they were stating all kinds of things to make you look bad at your new job. Also presuming the new boss has in fact not yet (will not?) meet with the new boss to speak poorly of you, I’m missing the issue.

I actually re-read the entire thing a few more times and now I’m genuinely curious … What’s the issue? It sounds like you’re entitled to the full bonus, and the new boss told your old boss to pound sand.

3

I can’t see why there would be a law against it, presuming they told the truth. If they misrepresented the situation could it be libel? I’d explain the situation. If your new school is concerned because you reported a school for violating your contract, that would be concerning in itself.

4

Yes, and we’ve had a few threads about it. In brief: it’s a criminal offense, and you can also file a civil suit (even without a criminal suit) seeking compensation.

However, freedom of speech allows for “fair comment” and so on, and to get compensation you’re supposed to show a cause and effect relationship between the action and a decrease in your income/assets. Iow, it doesn’t sound like there’s a case here (apart from the bonus and sick leave issue).

Btw, the CLA is now the Ministry of Labor. :slight_smile:

5

Hey Throwaway, I guess I am upset at School A trying to cause trouble and make me look bad to my new employeer. Honestly I had already discussed this issue with School B (once again there is a large contract completion bonus and I wanted to make sure that I would actually get it upon completion so I shared my story about School A). The new boss is actually really cool and told me not to worry and that directors of these big private schools all talk to each other and blah blah blah. BUT I still feel like School A is out of line. They only called to make things difficult for me. Maybe now I will be put under spotlight, my performance critiqued more, or treated more negatively by my boss. The attempt to sabotage my new job by School A seems criminal to me.

I will get more details about what was said (I was already told which director called) then once again go to the MINISTRY OF LABOR (yyy haha) and file another complaint. Wish me luck!

6

The same thing happened to me.
I let it go for now. However, before leaving Taiwan, I will nail the evidence and take the matter to court.
Here in Taiwan, almost all ex-employers will talk shit behind you.
One employer even called my wife and talked their shit lines.

Don’t worry, the more shit they throw after you to discredit you, the more worried they are about their reputation.
If you were a shitty teacher, they did not have to tell their competition.

Why would they? This would be a really stupid thing to do.

For now, let this go.

7

“If your new school is concerned because you reported a school for violating your contract, that would be concerning in itself.”

I agree, my new boss didn’t seem that concerned she just wanted to let me know the call had been made, she also asked that if I ever have any issue about pay to please come to her first. That was it. If anything it’s good the school knows that if they violate the contract I will take the necessary steps to seek compensation. I should be fine at my new school.

As soon as I started at school A the buzz around school was “don’t budget for that bonus if you don’t plan on staying”. School A has a super high turnover rate (8-9 new out of 16 my 1st year and and 7-8 new my 2nd year) and EVERYONE who left complained about not getting the bonus via FB or LINE or just talking outside of school.

My new school there are only 4 new out of maybe 20 and EVERYONE has told me they have never heard of someone not getting their bonus and i’ve spoke to several teachers who have left the school in the past and all said they were very pleased with the end of contract bonus at School B. Hopefully I should be good at my new school.

So it would it be against the law if I posted the school’s name all over the place and warned teachers not go to school A because they don’t honor contracts? Would it be illegal if warned parents that 90% of the teachers at school A don’t hold any qualifications or certifications? I mean presuming I’m telling the truth there shouldnt be a law against it right?

8

Yea the problem is they offered me a 3rd year contract and I said no. If I were such a horrible teacher why was I offered a 3rd year contract? They are upset I have left to a rival school and now they want to make trouble for me. I would love to just let it go but someone needs to take action against tactics like this. The school should be reprimanded.

9

All schools do that here in Taiwan. You are going to damage your reputation fighting this off.

That they were taking the time going after you like this actually makes you a teacher worth mentioning among all these crappy teachers among us.

10

ESOL K-12 state certified teacher + APRC + 5 years experience teaching in public and private elementary schools. I think I may have flown to close to the sun and now Im getting burned alive. LOL

11

A long time ago, my first school (it was a franchise) unilaterally altered the terms of the contract, the were not going to provide insurance, and cut my hours. Without reason given. I bickered about it, and wondered what my options were. A grizzled old-timers from the company told me to just quit and forget about it. I guess there was a black-list of teachers who cause problems. If you go after one school, then that effectively kills your chances at employment anywhere else on the island.
What do I know? I am sure it doesn’t actually exist, but…if causes enough waves…

12

The rule of thumb is, don’t say anything you can’t prove, and don’t talk about people’s private lives.

Nonetheless, “would it be (il)legal if…?” questions are best directed at a lawyer. You can get free legal advice at your local branch of the Legal Aid Foundation (www.laf.org.tw), at Taipei City Hall, and at some other local government offices. (English service is not always available.)

Apart from your dispute with the school that will presumably be handled through mediation, if you haven’t already filed a request for labor inspection, that’s another option to pursue. You can do it anonymously. If the labor department* people say it isn’t their jurisdiction, ask them where the Labor Standards Inspection Office (or whatever name they use now) is. Last I checked it was moving to Wanhua, though there may still be an office in Jingmei. The old Labor Inspection Office up north is just for health and safety issues now afaik.

You probably can’t get them for slander if they tell no lies about you and don’t mention your private life, but they sound like the kind of people who break laws all the time, so there should be something the labor people can fine them for. :slight_smile:

*I assume you’re dealing with the local equivalent of the MOL i.e. the Taipei City Department of Labor, not the MOL itself.

13

Is School A located in Tucheng? If so, PM me. I think it may be possible to bully them back.

14

Wow, what grateful people they are! After working 2 years with them, they do this to you. If you were not a good professional, they would fire you a long time ago. But, they don’t care to make enemies with their own employee. Write a letter of resignation. Add the date you want to resign. It is normally 20 days for 2 years. But, I would put 30 days and tell them I am being very fair. You also have the rights to leave earlier if you feel threat. Keep yourself one letter, and give one copy to your boss. She can’t refuse to take it. It is your right to ask for resignation.

15

Of course, you are not a horrible teacher. Otherwise, they wouldn’t ask you to remain there. They are angry because they think they provided you trainings and ARC. But, you don’t owe them anything. You worked 2 years with them. So, I think it is fair. Some teachers work for six months and quit. So, what is their problem?

16

School A is a private (elementary) school, not a buxiban. Therefore, OP may not be subject to the Labor Standards Act.

17

I don’t work for School A anymore so no need for letter of resignation. The problems occurred after I left the school (only getting 20% end of contract bonus + School A calling my current employeer).

18

Then, don’t worry about them. Are you currently working for school B? If yes, you should only be foccused in your current job. Your boss from school B already said she doesn’t care. It is up to you to find a lawyer. But, you will need to spend at least 50,000 NT. Well, I have never seen a school stalking the ex-teachers. You only contacted the labour affair to ask some questions. It was your right to ask questions.Now, they are trying to get you into trouble. Forget about them. There is nothing they can do to you. You did nothing illegal. So, why are you so worried about it?

19

I assume OP is just angry, not worried.

Reminder: brief consultations at the Legal Aid Foundation or at Taipei City Hall (etc.) are free. If you need a lawyer to take on your case, it’s free or nearly free if your income and assets are low enough (and they consider the case worth taking).

20

It is hard to tell you what is the best thing to do. Because this type of thing doesn’t happen to everyone. I would just be foccused in my new job. How long do you plan to stay in Taiwan? If you want to stay for a long-term, you will need to leave for one month every year. Do you think these people will stalk you for years? If they do, it is not good for their school, either. You may meet friends who want to apply with them. Then, you will not recommend their school. Take it easy, dude. Don’t add more stress when it is unnecessary.