What to do if an employer terminates the contract early?

Background:

I’ve been with a school for about a month and half. After realizing I don’t want to stay here, we came to an agreement that I would be free to go when the CNY starts. No troubles. Come this week, I had a concussion that left me knocked out at home and everyone wondering where I was. I was found passed out on my floor and everything seemed ok once the situation was resolved.

The next morning, I was told that my contract would be terminated that day due to my attendance (see below), so I don’t need to go to work anymore. I didn’t mind until the penalty clause was brought up and that 30k would be deducted from my salary, which is all I’ve made so far this month.

About my attendance, I’ve missed 5 days total in 1.5 months. I know that’s a lot, but it’s within what was agreed in the contract. One day was personal, which was scheduled off a week in advance, per the contract. My contract also permits for 3 paid sick days, if I go to the dr and get a certificate.

During the first month, I got 3 sick days; 1 for having heat stroke and being ordered to not work that day. The 2nd I was taken to the dr by my boss for having sprained my ankle. The dr even told my boss that I should stay off it for a day and let it heal since it was pretty badly sprained from a motorcycle accident. The 3rd one, I had a flu with a 40C fever. I went to work the next day and was given a verbal warning for missing 4 days already. I expected it, even though all 3 were documented by the dr.

The end of the month came around, and now we’re to this week. Everything was going fine, except that I mentioned that I wanted to leave this area and go back to Taichung. We agreed that around CNY would be best. But the Tuesday I got knocked out for quite some time from a concussion and was found passed out. Like I already said above, I was told the next day that my contract would be terminated.

Now, the only part I’m not pleased with is the penalty I’m being fined now. I wouldn’t mind paying it if I was still here until later, when I had some time to have some money left over after the fine. But because I’m being terminated early, I’ll be walking away with about $500NT for 15 days work. Is there any recourse for this since my absences were all medically documented and the one personal day was asked for in accordance to the contract?

get yer falkin money.

the bushiban mafia always tries to have a mofo sign some BS contract. The shit ain’t worth the paper I wipe my ass on, in fact, legally, the shit ain’t worth the shit on the paper I wipe my ass with, trouble is tho, they holdin all the SunYatSens and you outta pocket. They think they got you… Fuck em, they don’t…get paid, make a stink, call them out, personal injury mahfahkah, ask em: you gonna do a mudder fudder like that? I was hurt n shit.

If they have no sympathy to yo cause, ya gotta go ballistic on em. Here’s how you do:

A friend of mine was in a similar predicament back in the dayo, and here is how he turned the tables on his ladyboss:

He got a hold of the phone number for every lil mahfakka’s parents up in his school. Easy to do just have you or a coworker ask one of the slacker secretaries for the phone list, say you gotta do some telephone teachin or some stoopID shit like that. Tell them dozey broads bossy told you to do it.

Now you got the list, and now you got the juice…that shit is currency.

Threaten to call everyone of them and tell them ‘what was really goin on’…troof be toll the school was like any other, but on the ihla formosa, shit’s always mad shifty in the land o’ kindy and bushi so there is always an angle to cut.

The idea of Teacher Bob phoning all the deep Jack Cousteau pocketed parents and telling the to send lil yo-yo- or nei-nei to the rival school in the next alley because Teacher Bob says his school is a wee bit dodgy will make a manager cringe.

Their only lust is money, that is why they keep yours on the dodge, but when your money becomes less than what could potentially go down, youz in the sunny day clear son.

At the end of my pung-yo’s little tift with his soon to be ex-employer, his manager had him sign a sheet saying he will not contact any parents of the school if he is paid the money owed. Hell, he could have just stood outside the school and handed all the parents fliers in the am or pm if he wanted to, same result, but the phone list was a little more cloak and dagger, little more out of the school’s control.

The problem was solved with yet another bogus contract, but my friend kept his word, cuz all he wanted was what was rightfully his.

Aside from that I think retaining salary money is illegal in TW but some of yall know more about this than me.

5 days off in six weeks? God, I’m glad I’m not a buxiban boss! How the hell DO you figure our who are the wasters before you make the mistake of hiring them and having to go through the rigmarole of replacing them?

Which is why we agreed on CNY and I would find someone to come down and take over the spot instead of making him go through the whole process by himself.

And it’s not like I wanted to take those 5 days off. My attendance before wasn’t this horrible, I just had a string of accidents that happened all at the same time = = shit

[quote=“craya”]
And it’s not like I wanted to take those 5 days off. My attendance before wasn’t this horrible, I just had a string of accidents that happened all at the same time = = shit[/quote]
Of course it wasn’t – if it was, this wouldn’t be the first time you’d be posting about getting fired! I’m not trying to judge you, just trying to look at it from your employer’s viewpoint. A hire who’s only been there for six weeks yet has taken almost a whole week off. Motorbike crashes, finding him passed on out on his floor… god almighty! Get RID of this joker! He’s taking the piss!
If it were me who’d hired you I’d be seriously considering a comprehensive arse-kicking as well as dismissal.
Anyway, they can certainly fine you but they can’t deduct it from your salary I don’t believe. The school has to pay you and then demand that you pay the NT$30,000. If you don’t, they have to go through the regular legal channels to recover it. The CLA is your friend in this case. A telephone call from them will probably be enough.

[quote=“sandman”]I’m not trying to judge you, just trying to look at it from your employer’s viewpoint. A hire who’s only been there for six weeks yet has taken almost a whole week off. Motorbike crashes, finding him passed on out on his floor… god almighty! Get RID of this joker! He’s taking the piss!
If it were me who’d hired you I’d be seriously considering a comprehensive arse-kicking as well as dismissal.
Anyway, they can certainly fine you but they can’t deduct it from your salary I don’t believe. The school has to pay you and then demand that you pay the NT$30,000. If you don’t, they have to go through the regular legal channels to recover it. The CLA is your friend in this case. A telephone call from them will probably be enough.[/quote]
Yes, to what Sandy said. You are an albatross to your employer. He’s probably ruing the day he ever set eyes on you. Still, you’re owed what you’re owed. Follow Sandy’s advice, be polite and firm, and keep showing up until they give you what you’re owed. Penalty clauses are illegal, and you can bring this up with the CLA. Insist that you will go through the channels until this is resolved. I’m sure at this point they just want to be rid of you and will do the right thing. But remember, be polite. No angry outbursts or threats - that will just work against your purposes.

[quote=“Maoman”][quote=“sandman”]I’m not trying to judge you, just trying to look at it from your employer’s viewpoint. A hire who’s only been there for six weeks yet has taken almost a whole week off. Motorbike crashes, finding him passed on out on his floor… god almighty! Get RID of this joker! He’s taking the piss!
If it were me who’d hired you I’d be seriously considering a comprehensive arse-kicking as well as dismissal.
Anyway, they can certainly fine you but they can’t deduct it from your salary I don’t believe. The school has to pay you and then demand that you pay the NT$30,000. If you don’t, they have to go through the regular legal channels to recover it. The CLA is your friend in this case. A telephone call from them will probably be enough.[/quote]
Yes, to what Sandy said. You are an albatross to your employer. He’s probably ruing the day he ever set eyes on you. Still, you’re owed what you’re owed. Follow Sandy’s advice, be polite and firm, and keep showing up until they give you what you’re owed. Penalty clauses are illegal, and you can bring this up with the CLA. Insist that you will go through the channels until this is resolved. I’m sure at this point they just want to be rid of you and will do the right thing. But remember, be polite. No angry outbursts or threats - that will just work against your purposes.[/quote]

I know i know, but this is the first time I’ve posted about getting fired. I haven’t been fired before, fyi. Before this, my attendance was always near perfect. You must have misread my previous post about leaving another job.

As with this time, yes, a lot of shit happened at once, but it wasn’t reckless or any of that. The motorbike accident was because someone failed to stop for a red light. The sick part, I can understand him being worried about it, and that’s why I’m not upset about being fired for it. What I’m upset about is that I’m being fined for it.

Fines in your contract. That’s the deal. It’s totally standard practice. You don’t REALLY think your boss gives a slippery Guinness turd about how you feel, surely? Come ON! Wake up. You’re a one-year contract worker. You are completely expendable, and you have proven yourself completely and utterly unreliable. What DO you want from these guys? I honestly do not understand.
Are you seeking some kind of “come on, guys! Be NIIIICe to the foreigner.” Your boss is running a business. You’re putting his livelihood in the shit , thanks to your behaviour. And you want him to… what, exactly? Say: “oh, its OK, you’re a foreigner! I understand. I’ll eat the NT$30,000 losses your moronicness has cost me, but I’ll do it happily because you come from Canada and you have a cute backback.”
You’re a commodity, not an asset. Never forget it.

[quote=“sandman”]Fines in your contract. That’s the deal. It’s totally standard practice. You don’t REALLY think your boss gives a slippery Guinness turd about how you feel, surely? Come ON! Wake up. You’re a one-year contract worker. You are completely expendable, and you have proven yourself completely and utterly unreliable. What DO you want from these guys? I honestly do not understand.
Are you seeking some kind of “come on, guys! Be NIIIICe to the foreigner.” Your boss is running a business. You’re putting his livelihood in the shit , thanks to your behaviour. And you want him to… what, exactly? Say: “oh, its OK, you’re a foreigner! I understand. I’ll eat the NT$30,000 losses your moronicness has cost me, but I’ll do it happily because you come from Canada and you have a cute backback.”
You’re a commodity, not an asset. Never forget it.[/quote]

No, that’s not it. What I’m getting at is that most of my sick time has come about from a medical condition that was only recently discovered. The only sick day to not be related to this is the accident. While I’m almost over it, it still causes some problems from time to time that I can usually deal with. All of it is documented with a doctor. What I’m upset about is that I’m getting fined for being sick, even though I’m getting better.

It’s not like I’m having a cold and just not feel like working. Nor is this caused by my moronicness as you put it.

Who cares if its a cold or a vile suppurating sore exploding out of your anus? Nobody. Far less your employer. You’re a short-term new contract hire and you haven’t shown up for nearly 25% of the time you were supposed to. That’s the deal. You’re a contract worker. Its the same around the world, including – shock! Horror! The mighty U.S. My mate in Seattle busted his fingers in a bike smash and got fired as soon as he mentioned it to his employers. Microsoft in his case. Have you actually HAD any jobs since college? It sounds to me as if you’re being awakened to the rude reality for the first time in your life. As maoman says, remain polite, remember that unlike in certain other “developed” countries, you DO have certain rights, and just keep on at them. Never lose your temper. It will only make things more difficult for you.

Who cares if its a cold or a vile suppurating sore exploding out of your anus? Nobody. Far less your employer. You’re a short-term new contract hire and you haven’t shown up for nearly 25% of the time you were supposed to. That’s the deal. You’re a contract worker. Its the same around the world, including – shock! Horror! The mighty U.S. My mate in Seattle busted his fingers in a bike smash and got fired as soon as he mentioned it to his employers. Microsoft in his case. Have you actually HAD any jobs since college? It sounds to me as if you’re being awakened to the rude reality for the first time in your life. As maoman says, remain polite, remember that unlike in certain other “developed” countries, you DO have certain rights, and just keep on at them. Never lose your temper. It will only make things more difficult for you.[/quote]

Ok then.

[quote=“craya”] The dr even told my boss that I should stay off it for a day and let it heal since it was pretty badly sprained from a motorcycle accident. The 3rd one, I had a flu with a 40C fever. I went to work the next day and was given a verbal warning for missing 4 days already. I expected it, even though all 3 were documented by the dr.

[/quote] A lot of us have worked in Taiwan with the flu. It’s common for locals to teach while ill. It’s also highly likely you’ll get sick in Taiwan more times.

[quote=“Matchstick_man”][quote=“craya”] The dr even told my boss that I should stay off it for a day and let it heal since it was pretty badly sprained from a motorcycle accident. The 3rd one, I had a flu with a 40C fever. I went to work the next day and was given a verbal warning for missing 4 days already. I expected it, even though all 3 were documented by the dr.

[/quote] A lot of us have worked in Taiwan with the flu. It’s common for locals to teach while ill. It’s also highly likely you’ll get sick in Taiwan more times.[/quote]
Yep, you wear a mask, and do a lackluster job, but that’s ok - your bosses will understand and appreciate your diligence. I’m not saying it’s right, just that’s the way it is.

[quote=“Maoman”][quote=“Matchstick_man”][quote=“craya”] The dr even told my boss that I should stay off it for a day and let it heal since it was pretty badly sprained from a motorcycle accident. The 3rd one, I had a flu with a 40C fever. I went to work the next day and was given a verbal warning for missing 4 days already. I expected it, even though all 3 were documented by the dr.

[/quote] A lot of us have worked in Taiwan with the flu. It’s common for locals to teach while ill. It’s also highly likely you’ll get sick in Taiwan more times.[/quote]
Yep, you wear a mask, and do a lackluster job, but that’s ok - your bosses will understand and appreciate your diligence. I’m not saying it’s right, just that’s the way it is.[/quote]

Eh, its partially the flu caused by other things~and yes, I’ve gone to work with a fever many times. There are other things going on, but I’m not here to discuss my medical issues. That’s why I’ve just glossed over it a bit. If you want more details, I would be happy to discuss it in private.

The point isn’t your medical problems. The point is that you weren’t there. That’s it. You’re not there, you’re not teaching, therefore your boss has a problem. Five times in 6 weeks. You’ve given him just one single week of uninterrupted work. No wonder he wants you gone!

Why are you like this on the internet sometimes? It is really not a nice thing to see, and I am sure you are such a lovely person in real life.

Why are you like this on the internet sometimes? It is really not a nice thing to see, and I am sure you are such a lovely person in real life.[/quote]
Why are any of us like we are? We are. That’s all. Why are you being so judgmental? It isn’t nice.

Why are you like this on the internet sometimes? It is really not a nice thing to see, and I am sure you are such a lovely person in real life.[/quote]
Why are any of us like we are? We are. That’s all. Why are you being so judgmental? It isn’t nice.[/quote]

I am asking you why you do something. I am not making a judgement. I will make one if you give an answer.

Why do you sometimes act like a hard man around here? That is a question, not a judgement.

I post as I do as a social experiment. I am interested in how peoples responses to what I say are linked in to their prior perceptions of me. Two different people can say the exact same thing to one person, and the receiver will respond differently to both people. I am interested in that. I an interested in building up a perception of me and seeing how people respond. That isn’t against the rules of this site, but it does tell me many things about people. That is not being judgemental.

Sometimes I like to ask people why they advocate violence. In your case I wonder why you do it, when I see so many signs that you are actually a beautiful and well reasoned man.
And I would like YOU to answer that question and not person responding to Mike answering that question.

And there you go. Except I do it much more nicely than you do.
In the case of the OP in this thread, he seems to me to be in serious need of a reality check. At the same time, there are steps he can take to minimize his inconvenience. I provided both, in my usual spirit of magnanamity. And if he is indeed as he appears in his posts in this thread, then sure, a robust arse-kicking would not be out of place.
You, on the other hand, are simply whining. I would imagine that its probably irritating to the people who give a shit, and not useful at all.

And there you go. Except I do it much more nicely than you do.
In the case of the OP in this thread, he seems to me to be in serious need of a reality check. At the same time, there are steps he can take to minimize his inconvenience. I provided both, in my usual spirit of magnanamity. And if he is indeed as he appears in his posts in this thread, then sure, a robust arse-kicking would not be out of place.
You, on the other hand, are simply whining. I would imagine that its probably irritating to the people who give a shit, and not useful at all.[/quote]

I love the never back down spirit of this site. I am going out for a few pints.