School Threatens to Sue

[markusss]

Hello TV community. I'm in the process of considering my options regarding an ongoing contract i have with a Thai school. I started with them mid year, and on receiving a copy of my signed contract i was told specifically that "the school will sue you if you breach this contract". Apparently this threat is given to all their teaching staff. I've been teaching in Thailand for years with many signed contracts, most of them fulfilled, some ending prematurely with written notice due to unforeseen circumstances which were reasonable with no problems, and certainly no threats to be sued. So my question is if I were forced to break contract and leave my current position due to poor health or flying back home to tend to my elderly parent's needs, is the school able to sue me? And if so, what legal recourse do I have here? I intend to carry out my contract as I usually do, but i can't accept this arbitrary form of absolute control over my life. I've never been threatened to be sued ever up until now.

[mfd101]

Depends what the contract says.

[n00dle]

I suspect its bluster, but why would you even consider employment that toxic? 

Edited December 22, 2023 by n00dle

[bob smith]

16 minutes ago, n00dle said:

I suspect its bluster, but why would you even consider employment that toxic? 

probably desperate for money, like so many sad farang living here.

 

[blackcab]

 

Yes, the school could sue you for damages in the Civil Court, and the damages would amount to the cost of hiring a replacement teacher to cover the contract you broke.

 

Would they do so? In reality it would depend on (a) How much money was at stake as they would have to pay to hire lawyers and lawyers in Thailand are not cheap, and (b) Whether or not the school believed you were still in Thailand or liable to ever return to Thailand.

 

If, for example, the school believed you had left Thailand and were never likely to return, there would be no chance of them suing you because they would be spending money with no chance of ever getting it back. Perhaps you had to return home to look after an aging parent with long term health issues. Who knows?

[Chris Daley]

If you are working for an agency then the contract is toilet paper anyway.  No one takes them seriously since they operate outside of the law and the contracts are legally void.

 

If you are working direct hire then we have to think why would the school even bother to pursue this.  Teachers are easy to find and they suffered no loses.

 

So it would be highly unlikely for them to sue you.

Edited December 22, 2023 by Chris Daley

[youreavinalaff]

21 hours ago, Chris Daley said:

If you are working for an agency then the contract is toilet paper anyway.  No one takes them seriously since they operate outside of the law and the contracts are legally void.

 

If you are working direct hire then we have to think why would the school even bother to pursue this.  Teachers are easy to find and they suffered no loses.

 

So it would be highly unlikely for them to sue you.

If you are working for an agency, with correct visa and work permit, you will have a contract with the school.

 

Without a contract from a registered education establishment, agencies are not, you cannot get a work permit, KSP waiver or licence, B visa or extension of stay.

 

Sure, the agency likely issued an English contract between them and teacher but, like you said, it's worth nothing.

[Rhys]

Is the school a popular place for runners?

 

[markusss]

2 hours ago, Rhys said:

Is the school a popular place for runners?

 

If you mean teachers who turn up for a while then suddenly disappear, yes. It has the highest turn over of teachers I've ever seen..

[FritsSikkink]

On 12/22/2023 at 4:03 PM, markusss said:

Hello TV community. I'm in the process of considering my options regarding an ongoing contract i have with a Thai school. I started with them mid year, and on receiving a copy of my signed contract i was told specifically that "the school will sue you if you breach this contract". Apparently this threat is given to all their teaching staff. I've been teaching in Thailand for years with many signed contracts, most of them fulfilled, some ending prematurely with written notice due to unforeseen circumstances which were reasonable with no problems, and certainly no threats to be sued. So my question is if I were forced to break contract and leave my current position due to poor health or flying back home to tend to my elderly parent's needs, is the school able to sue me? And if so, what legal recourse do I have here? I intend to carry out my contract as I usually do, but i can't accept this arbitrary form of absolute control over my life. I've never been threatened to be sued ever up until now.

Absolute control over your life? Just finish the contract that you signed. 

It seems you don't take contracts very seriously as you ended several prematurely.

[youreavinalaff]

22 minutes ago, FritsSikkink said:

Absolute control over your life? Just finish the contract that you signed. 

It seems you don't take contracts very seriously as you ended several prematurely.

He completed "most" and ended "some". Not sure where you get "several" from.

 

He also adhered to the contract by giving correct notice for serious matters. He seems to be taking contracts seriously.

 

[FritsSikkink]

4 minutes ago, youreavinalaff said:

He completed "most" and ended "some". Not sure where you get "several" from.

 

He also adhered to the contract by giving correct notice for serious matters. He seems to be taking contracts seriously.

 

How many serious matters does one get that one has to break a contract?

[youreavinalaff]

12 minutes ago, FritsSikkink said:

How many serious matters does one get that one has to break a contract?

Giving notice is not breaking a contract.

 

As for how many serious matters, the OP did not say.

[Sheryl]

You are only liable if you violate contract terms, and most contracts have provision for giving notice to leave. What does your specific contract say on that point?

[NoDisplayName]

On 12/22/2023 at 4:03 PM, markusss said:

Hello TV community. I'm in the process of considering my options regarding an ongoing contract i have with a Thai school. I started with them mid year, and on receiving a copy of my signed contract i was told specifically that "the school will sue you if you breach this contract". Apparently this threat is given to all their teaching staff. I've been teaching in Thailand for years with many signed contracts, most of them fulfilled, some ending prematurely with written notice due to unforeseen circumstances which were reasonable with no problems, and certainly no threats to be sued. So my question is if I were forced to break contract and leave my current position due to poor health or flying back home to tend to my elderly parent's needs, is the school able to sue me? And if so, what legal recourse do I have here? I intend to carry out my contract as I usually do, but i can't accept this arbitrary form of absolute control over my life. I've never been threatened to be sued ever up until now.

 

What does the contract you signed say about penalties for breach of contract?

 

If there are penalties in the contract you agreed to, and the school is "threatening" to use the methods you agreed to, then there is no "arbitrary" control over your life.

 

Would you not sue or contact government agencies to require the school to pay your salary if they failed to do so?  Should that be considered arbitrary control of the institution's finances?

[ChaiyaTH]

You can not have a contract if you only received it half way the year, meaning that is the day you also had to sign it. Or you were stupid enough to backdate sign it, then you now compromised yourself. Not that I would care much about Thai schools and threats to sue someone, like that ever happens. 

 

Also a contract does not mean, unlike what many think, that whatever it states is enforced or legal to claim / ask / require / punish. All need to be matching with the Thai laws too. Many business owners go flat on their mouth with this, if they sue a customer with their contracts, and court throws the book at them.

Edited December 26, 2023 by ChaiyaTH

[FritsSikkink]

20 minutes ago, youreavinalaff said:

Giving notice is not breaking a contract.

 

As for how many serious matters, the OP did not say.

Giving notice that you leave before your contract ends is breaking the contract.

It seems to me that the OP classifies matters as being serious fairly easy or is very unlucky in life.

If you have ailing parents who depend on your help only, I wouldn't start working in a country very far away and/ or sign a long term contract. 

Edited December 26, 2023 by FritsSikkink

[youreavinalaff]

20 minutes ago, FritsSikkink said:

Giving notice that you leave before your contract ends is breaking the contract.

It seems to me that the OP classifies matters as being serious fairly easy or is very unlucky in life.

If you have ailing parents who depend on your help only, I would start working in a country very far away and/ or sign a long term contract. 

To break a contract one must go against that contract. 

 

By law, Thai contracts have a notice period, for both parties.

 

If that notice period is adhered to, the contract had been followed, not broken.

 

Judging by your last paragraph, you don't seem to care either.

Edited December 26, 2023 by youreavinalaff

[FritsSikkink]

2 minutes ago, youreavinalaff said:

To break a contract one must go against that contract. 

 

By law, Thai contracts have a notice period, for both partied.

 

If that notice period is adhered to, the contract had been followed, not broken.

 

Judging by your last paragraph, you don't seem to care either.

My parents are dead for quite a while. 

[Minnierogers]

On 12/22/2023 at 12:36 PM, blackcab said:

 

Yes, the school could sue you for damages in the Civil Court, and the damages would amount to the cost of hiring a replacement teacher to cover the contract you broke.

 

Would they do so? In reality it would depend on (a) How much money was at stake as they would have to pay to hire lawyers and lawyers in Thailand are not cheap, and (b) Whether or not the school believed you were still in Thailand or liable to ever return to Thailand.

 

If, for example, the school believed you had left Thailand and were never likely to return, there would be no chance of them suing you because they would be spending money with no chance of ever getting it back. Perhaps you had to return home to look after an aging parent with long term health issues. Who knows?

I completely agree with you. You can probably not worry about it.

[Dogmatix]

This case is obviously past now but here is a case of a school suing a father for withholding fees from an international school.  https://tismonitor.com/general-news/father-sued-by-international-school-after-protesting-fee-hike 

 

I have been involved in a number of lawsuits in Thailand, usually to do with land, not schools.  But what seems common to all civil cases is that the judges always order the parties to attempt mediation in the court house to avoid the case going to trial, just as in the article.  So if a teacher were sued for breach of contract, I imagine the same thing would happen and that the teacher could offer to split the difference on the amount demanded by the school.

[Tejj33]

Hello! I need your advice.

 

I was recently offered a job in a private school. No contract signed yet, just a LINE message saying I got the job. I never been to the school after the interview but i've been communicating about the free housing and such. Will I get in trouble if I decide to back out before the term starts?

 

Thanks!