I was updating the damages spreadsheet, when I realized I hit a half-year mark today. It’s been 42 months since I was illegally denied my work in Cognos K.K., a then subsidiary of IBM USA.
I posted a few days ago that we are currently involved with New York jurisdiction in the case.
Last August I mentioned this here, that in Japan a worker has a right in their job. A company cannot just decide to take away a job. Most foreigners are involved with term-limiting contracts. So, in those instances, this is why your job disappears—if you don’t get a contract renewal. But the majority case in Japan is that you are under regular employment. That relationship is also akin to contract. But, with the proviso, written right into the law, that there must be a socially justifiable reason for the employer to discontinue the relationship. “Save some money by sticking the work in a Third World country”, for example, is not a socially justifiable reason.
Longtime readers may remember, that I said that navigating your way through a court case takes a long time. Well. See? The one balm is that the meter keeps running. Every month of delay is another million yen. So now, 42 million yen. This is what I had pointed out last year, here and here. There is no concept of “mitigation of damages”. The employer pays the money due.