Surprise! You're Being Fined!

Some time ago, I left a horrible work environment for a large private school in northeastern Taichung. I did so without giving notice due to having another offer on the table and the hostile work environment that had been established by the director.

Though there was language in the contract pertaining to a fine, I was given reasonable assurance that it was not enforceable - but given the nature of the work environment, thought perhaps this might come around in the end.

During tax season, I requested the tax forms that I needed to file my taxes and did so online (on time, no issues, no refund, no payment needed). To obtain the forms, I had to provide my address in Chinese to their payroll department - which was not a problem.

I have now been working at a new job since March and have established fantastic work relationships with everyone around me and built a solid rapport with my students. As the ONLY foreign teacher at this school, I have a celebrity persona. It is nice to have the smiles and laughter.

Yesterday, I received a message from a representative at my school indicating that they had received a notice from the Taichung City Court. In this notice, it was stated that I would have to pay a fine of ~70K NTD (a direct match for my salary at the previous job) and that it had to be paid in three installments (25K/25K/20K).

At no point was there any correspondence sent to me regarding the matter. At no point was my presence at the courthouse requested. At no point was any sort of negotiation for such a fine conducted. I found this to be odd, because not only was the notice NOT sent to ME…it was sent to my current employer.

Additionally, I found it odd because my GF found herself in a situation where she was being sued for dropping a customer’s iPhone. The two parties met with a third party to negotiate the amount to be paid and how it would be paid out. Correspondence pertaining to the issue was sent to her address and she had to go to court.

None of this took place with me and up until yesterday (seven months after my departure) I knew nothing of this situation. So…surprise! I am being fined! And surprise! It’s for 1/3 of my paycheck for 3 months. This amount is FAR too high and puts me in financial jeopardy - I’d like to know what the best course of action would be.

My current employer has offered to contact the court to work out something more reasonable…but I would like to know why I was never contacted, why the amount was determined without negotiation for what I am financially capable of paying, and why there was such a delay in this “fine”.

Such circumstances suggest this being more of a personal issue than a professional issue. Any comments or advice would be fantastic.

What was your notification of this?

I would go to the court and request documentation on where the summons was sent. It sounds like the school either gave their address or a fake address and you could sue them for criminal liability.

Either way… you need a lawyer

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You need a lawyer.

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Well duh.

I think it’s nice your current employer has offered to mediate with the court. I would say let that be Plan A. You’ll probably have to pay something, but with some help from your employer smoothing things over maybe it can be reduced by a lot.

What is the fine for exactly?

Wow, the system works.

Lawyer up. I thought fines for leaving were illegal anyway. No??

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Not illegal, but the employer can’t just deduct an employee’s pay. They must go through the hassle of filing a lawsuit and taking the former employee to court to win a judgement against them.

In this case, it appears that a judgement was declared against him without his knowledge.

The only thing I can think is that they attempted to contact him at his registered address, but he had already moved, so the court documents never got to him. But, then that wouldn’t be considered as being properly served and notified of legal action being taken against him. He needed to be duly served with legal paperwork and sign for them which acknowledged receipt. If then he blew off going to court to defend himself, a judgement could be awarded to the plaintiff.

Lawyer up.

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Sure does.

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It is a persons responsiblity to have proper addresses on register. I doubt, if that is the reason, he could win if that were pushed. It doesnt work elsewhere.

the grey area could be that to be “legally served” you need a signature for the documents. which gets tricky because often neighbours sign for things and delivery companies are often pretty unprofessional on requiring ID and proper signature, even the government post office.

Trying to get proof of who signed from the post office is hard too. I made a post here about this asking how to send a package and get confirmation on WHO signed for it. As yet, no solutions. perhaps only through court orders. I imagine that would be ripe with things not been done right.

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You can contact the Legal Aid Foundation.


Not having been represented is probably the key here.

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