Getting a lawyer

Legal Legal - Work
1

Are there any foreigner-friendly lawyers here/anybody know someone/used someone? I’ve been fired - basically the contract gave me 3 months notice either side, they seem only happy to pay for a month. Also I somehow doubt they will pay some back bonus that would be due (they say they can’t calculate it until May next year).

How do lawyers work here - paid by the hour/no fee no win etc? Not sure if its worth fighting - haven’t a clue how labour disputes are settled here and what the chances are. But don’t really want to fight it myself.

2

You might contact the Community Services Center in Taipei. They could put you in contact with a lawyer.

Richard Hartzell?

3

Go to a government labour department first. They will have a hearing and put pressure on your employer if you have been treated in contravention of the labour laws. If in Taibei, the place to go is the Department of Labour on the 7th (I think) floor of the Taibei City Government building. Don’t dilly-dally - you may lose rights if you delay. Download your (English!) labour dispute application form here (PDF).

Labour departments in other parts of Taiwan are listed on this page - Scroll about 1/3 of the way down the page to find the links.

Good luck.

4

Do what Juba says. Unless they really owe you a lot of money ((say > 500K), labor mediation is the way to go. Sometimes just mentioning it is enough to put the fear of God into the employer. There is another long extensive thread about this but I don;t have time to dig it out for you.

5

I agree with the above – try the govt route first.

In the US, lawyers often handle cases on a contingency basis (ie. for a percentage of the amount recovered if successful (usually 30-40%), with no attorneys fees owed if unsuccessful, although the client is usually liable for the attorney’s “costs,” such as $ for postage, photocopying, transportation, filing fees, etc, regardless of the outcome).

Even in the US, however, attorneys will only handle a case on a contingency basis if (a) the attorney feels there is a good chance of success and (b) the amount in dispute makes it worthwhile. If the dispute might have to go to trial and involves less than US$20-30,000 or so, it will probably be impossible to find an attorney to handle the case on a contingency basis, because it’s just not worth all the time and effort for such a small sum.

If an attorney won’t handle the case on a contingency basis, basically two other options may be available: hourly or for a flat fee. Most attorneys prefer to handle cases on an hourly basis, because it’s hard to estimate in advance what would be a reasonable flat fee and unexpected complications often arise through no fault of your own attorney. In addition, most attorneys handling a case on an hourly basis will require a deposit of a few thousand dollars (which is perfectly reasonable, as clients often refuse/fail to pay fees that they agreed to in advance).

As for Taiwan, it’s illegal for attorneys to handle a case on a contingency basis here, so it will have to be either hourly or a flat rate. Unless you are a doctor, lawyer, engineer or high level executive, I suspect that the attorney fees you would pay in this case will exceed the amount of your potential recovery. Which is why I agree that the govt administrative route is probably your best bet.

However, if the amount in dispute is very large and you feel you really should speak with an attorney, then go ahead and do so. Most attorneys will give you an initial consultation for free, and if the attorney is any good (and is honest) he or she will give you an honest assesment of whether it’s worth hiring legal counsel.

6

Thanks very much for the replies, especially the detailed ones from Juba and Mother Theresa which must have taken a while to compile.

In the end, we resolved things on a fairly amicable basis. I think the background threat of further action encouraged them to settle. (I kept it in the background so as not to drive them into a corner.)

I hope these replies are useful to others that might find themselves in a similar position. I’m in no doubt that in my case, my employer initially thought that my lack of knowlege as to where to go or what to do would give them some advantage.

Regards to all
Jeff