Employers responsibility to keep employee info confidential

[matsuki]

To be quick and to the point, I just found that a former employer of mine released scans on my contract, gaikokujin torokusho, shakai hoken card, and a few other documents to a U.S. company while claiming they fired me. (Not that I care about the badmouthing but very interesting considering I turned down their offer of continued employment after my contract was up.)

Obviously not on good terms with them anymore but obviously concerned about releasing my private to anyone that asks apparently. Anyhow, this isn't English teaching and isn't a very small company so I was pretty shocked to see they did this but was able to get copies of their e-mails to the U.S. company complete with all my all the above scans

So break it down easy for me:

1.) Did they break any laws?

2.) What are my rights here?

3.) What would you do if you were in my position?

[wuchan]

1: probably

2: probably none, well none that anyone that could help you cares about

3: publicly embarrass every manager in the company



but that's just me

[matsuki]

[Yokohammer]

What would you do if you were in my position?

Since you have copies of the correspondence, i.e. evidence in hand, I'd start by calling, expressing my disappointment, and asking why they did such a thing. Then if I didn't get a satisfactory answer I'd tell them that I think they may be on the wrong side of the law, and that I'll be showing the evidence to a lawyer forthwith to find out exactly where I stand. Then if they called my bluff and said "sure, go ahead," I'd go ahead and consult a lawyer, because I'm pretty sure they have committed an actionable offence.

But that's just me.

[Samurai_Jerk]

[matsuki]

[Screwed-down Hairdo]

Get a lawyer and get on their case...but watch out for your own liability, too.
They should not be invading your privacy like that, but if there is a fucked transaction and your name everywhere, you may be in trouble, too, so it could be best if you quietly walked away.
Anyway, don't listen to me. See a lawyer.

[matsuki]

Get a lawyer and get on their case...but watch out for your own liability, too.
They should not be invading your privacy like that, but if there is a fucked transaction and your name everywhere, you may be in trouble, too, so it could be best if you quietly walked away.
Anyway, don't listen to me. See a lawyer.

This is what I originally was trying to do, thinking it was more trouble than it was worth to fight them over the two months salary....but now knowing they were mailing my personal documents to this, and who knows what other companies, and having evidence of it, I don't think it would be to unreasonable to shoot them a mail with this evidence attached, maybe a quotation of the laws they violated, along with my bank info and suggest they pay the two months they already acknowledge they owe me and refrain from releasing my personal documents to anyone if they don't want this reported. Holding this over them seems like it should be enough motivation for them to take responsibility and keep quiet.

[wagyl]

A little background:

...considering they shorted me two months pay, I'm thinking maybe I can push them to a least furikomi the last two months pay they still owe.

Sometimes the background can make all the difference. In fact, almost every time, the background is very important.

Will you be satisfied with that two months worth of pay? Or is there a vigilante bent on revenge lurking inside of you? Because the two months pay issue is very easily solved.
Article 23 of the Labor Standards Act and the largely toothless Labor Standards Bureau is your friend. You can do the paperwork yourself, with a bit of googling research. Sometimes that paperwork is all that is needed to get the payment through, sometimes you need to go to the Small Claims Court.

[matsuki]

Sometimes the background can make all the difference. In fact, almost every time, the background is very important.

Will you be satisfied with that two months worth of pay? Or is there a vigilante bent on revenge lurking inside of you? Because the two months pay issue is very easily solved.
Article 23 of the Labor Standards Act and the largely toothless Labor Standards Bureau is your friend. You can do the paperwork yourself, with a bit of googling research. Sometimes that paperwork is all that is needed to get the payment through, sometimes you need to go to the Small Claims Court.

Good info there, thanks!

I'm planning on shooting the head of their HR department an e-mail today demanding they furikomi me the remaining two months salary within 24 hours or else I will notify the authorities of their failure to pay along with the newly discovered violations of the PIPL. How they resppond will determine the amount of vigilante revenge in me.

You guys are great, I welcome any more advice and I'll continue to post updates as this progresses.

[Samurai_Jerk]

[quote="chokonen888"]Good info there, thanks!

I'm planning on shooting the head of their HR department an e-mail today demanding they furikomi me the remaining two months salary within 24 hours or else I will notify the authorities of their failure to pay along with the newly discovered violations of the PIPL. How they resppond will determine the amount of vigilante revenge in me.]

I'd go for more than the two months' salary if I were you.

[Iraira]

I'd go for more than the two months' salary if I were you.

I'm with SJ on this...this is Japan...land of gomen nasai and fuben payments. Who says that foreigners cannot adapt to and understand the Japanese system?

[Taro Toporific]

I'm planning on shooting the head of their HR department ...

Yep, "shooting the head" would be the honorable thing to do.

[Samurai_Jerk]

BTW, a purposeful violation like that might even be considered criminal under Japanese law. You could really fuck them if you get a good lawyer.

[matsuki]

Point taken, I plan on sending the mail at lunch. Basically I'll demand the 2 months salary sent immediately and put the ball in there court by asking what they are willing to offer in compensation for their violations. This way I'm not committing to any figure.

BTW, while employed with them, they demanded I give them online access to a separate (but linked) bank account setup to receive my salary payments from them. (not it writing and my original understanding of this was they were depositing travel expenses ahead of time and forwarding them to my other account....which didn't happen) Nothing was ever stolen from the account by them but after they stopped making payments on orders, I changed the online access credentials. They didn't like this and without my authorization, they used my personal info to contact the bank and have them change the access credentials. (I got an e-mail from them notifying me they did this as evidence) Seeing as no money was stolen and I quickly closed the account afterward, I didn't think it was worth pursuing any legal action at the time but it is further evidence of how they illegally used my personal info.

[Screwed-down Hairdo]

Point taken, I plan on sending the mail at lunch. Basically I'll demand the 2 months salary sent immediately and put the ball in there court by asking what they are willing to offer in compensation for their violations. This way I'm not committing to any figure.

BTW, while employed with them, they demanded I give them online access to a separate (but linked) bank account setup to receive my salary payments from them. (not it writing and my original understanding of this was they were depositing travel expenses ahead of time and forwarding them to my other account....which didn't happen) Nothing was ever stolen from the account by them but after they stopped making payments on orders, I changed the online access credentials. They didn't like this and without my authorization, they used my personal info to contact the bank and have them change the access credentials. (I got an e-mail from them notifying me they did this as evidence) Seeing as no money was stolen and I quickly closed the account afterward, I didn't think it was worth pursuing any legal action at the time but it is further evidence of how they illegally used my personal info.

Chokonen888
With all due respect, perhaps you're a little too trusting with your private information, though considering you've been divulging it to an employer it's kinda understandable.
On a related matter, I happen to be on excellent terms with descendants of the late Laurent Kabila, the former president of Zaire. He had secret bank accounts in Switzerland that contain US$480 billion. You can become eligible to receive a portion of this if only you forward your personal information and a deposit of $50,000 to an account whose details I will mail you if you PM me.
Cheers:D

[matsuki]

Chokonen888
With all due respect, perhaps you're a little too trusting with your private information, though considering you've been divulging it to an employer it's kinda understandable.
On a related matter, I happen to be on excellent terms with descendants of the late Laurent Kabila, the former president of Zaire. He had secret bank accounts in Switzerland that contain US$480 billion. You can become eligible to receive a portion of this if only you forward your personal information and a deposit of $50,000 to an account whose details I will mail you if you PM me.
Cheers:D

Where do I forward it to?!!! I'm gonna be rich!!

Seriously though, yes, I was indeed too trusting when it came to the bank account online credentials. Trusting, but not too stooopid though, the account was only setup to only allow transfers between the two accounts online. Anything else would need to be done at an ATM or in person. (including changing the online permissions)

[matsuki]

...and the mail is off. Had older Japanese proofread and help me edit it to be as polite as possible but basically ask firmly when they intended to wire the remaining two months worth of salary and then demand an explanation and apology (guess this is where they are supposed to offer compensation) regarding disclosing my personal info to a foreign company as well as frauding the bank to alter my bank account login credentials.

[wagyl]

You could really fuck them if you get a good lawyer.

If you go to the source, you can see that there are criminal penalties for failure to comply with the Act on the Protection of Personal Information. However, they seem to be for failure to comply with an order for the naughty spreader of information to get their house in order, rather than for a first instance screw up. In any event, criminal proceedings, while greatly inconveniencing the offender, have little to no benefit to the victim other than a warm feeling of smugness. If you are really concerned about criminal matters, the people you make your complaint to are the Police. You don't pay a lawyer to do that for you.

That said, you may be able to leverage a little small change from them for being fast and loose with your information. The problem is, how much real harm has it done you? And I mean real harm, not potential harm. That is what determines the value of what they owe you. You need to decide for yourself what it is worth to you, and how much it would cost you to pursue it.

Personally, I think mixing the back pay issue with this information issue risks making the simple, and simply solved, back pay issue more confusing than it needs to be.

[matsuki]

Good info Wagyl!

My e-mail intentionally made it clear they are seperate issues.

[Yokohammer]

One problem with email: it's too easy for the other party to say that they didn't receive the email, it went into their junk mail folder, or they simply overlooked it. You may never get an answer. That's why you have to call them directly (and record the call, if possible). You can email first, of course, but then call to make sure they've received and acknowledge the email.

And as for recording the call, it may not be acceptable evidence if a court appearance becomes necessary, but it's good info for your lawyer, should one become necessary, and is proof that they did acknowledge receiving your email.

That's why lawyers always send correspondence by registered mail. You can do that too.

[wagyl]

That's why lawyers always send correspondence by registered mail. You can do that too.

Indeed, that is why I suggested Chokonen do a bit of googling to get an idea about the paperwork. I didn't want to do all his work for him. The paperwork has silly formal rules to watch out for. The post office does count the number of characters in each line to make sure you comply with this formatting rule.

The sample threatens to take the issue up with the Labor Standards Bureau if they do not pay. As I said before, they are an entirely toothless organization, which will do no more than to tell the employer that they are obliged to pay. You can however use the same document as notice of demand of payment in the Small Claims Courts.

All of which suggests I have been through this process myself Chokonen if convenient and you have a landline phone number or skype you can PM me and I can call you tonight, but I am busy after tonight.

[matsuki]

Thanks guys, and yes, if I don't get an response to the e-mail, I will be sending them all the proper paperwork via registered mail. Still no response as of yet.

[hakuman]

Thanks guys, and yes, if I don't get an response to the e-mail, I will be sending them all the proper paperwork via registered mail. Still no response as of yet.

I'm pretty curious to know how this turned out.

[matsuki]

I'm pretty curious to know how this turned out.

1.) Got a reply by e-mail basically telling me to find a piece of ham and slide off.

2.) Got busy with the courtcase against the company they gave the documents to and finally won that last month. (Just got paid last week, woohoo!)

3.) Sending the former employer documentation as suggested above. Will report what happens from there.