An American Duped By An American Employer. What Can I Do?

[Showdown1]

Earlier this year I moved to Bangkok to work for an American company here. I paid for my own airfare and the deposit on my apartment on my own dime (even though the apt was in the employers name).

Since January I have:

1. Never once been paid on time

2. Never once been paid in full

3. My monthly salary, when received, is never in one lump sum but rather in four or five disbursements over that months period.

4. Though I have a work permit and an employment contract with the company the contract has never been abided by i.e. the increase in salary after 90 days, receiving my apt deposit back, stock etc.

Here is is the 23rd of the month and I have only received 30% of my monthly salary. The rent has not been paid on my space because I have not been paid and the employer called the landlord and made some type of agreement which I am unaware of.

I have never in my life seen anything like this. Clearly the company (which is owned an run by one American man here in Bangkok) does not have the money or resources they said in the beginning. They have strung me along and I am tired of having to stay home everyday looking at the four walls because I have not been paid and not having enough money to eat sometimes. I work very hard and the company wants to talk to me about everything but salary. I am terribly depressed and humiliated.

Is this something worth going to the Labour Board about? Or is my time in Thailand over? My employer likes to boast they know people if someone ever tried to go to the Labour Board (he is doing the same thing to his three Thai employees).

Please I need serious answers here. I simply want my employer to pay me my monthly salary or if not to pay me what is owed from all of the previous months so I can be rid of them.

Thank you.

[Petbon]

Sorry you're having problems. Always hard to suffer others' dishonesty.

My son's been ripped off bigtime by a European crook, who has done same to others, but the Thai police are on the case.

[BIGTOE3]

Earlier this year I moved to Bangkok to work for an American company here. I paid for my own airfare and the deposit on my apartment on my own dime (even though the apt was in the employers name).

Since January I have:

1. Never once been paid on time

2. Never once been paid in full

3. My monthly salary, when received, is never in one lump sum but rather in four or five disbursements over that months period.

4. Though I have a work permit and an employment contract with the company the contract has never been abided by i.e. the increase in salary after 90 days, receiving my apt deposit back, stock etc.

Here is is the 23rd of the month and I have only received 30% of my monthly salary. The rent has not been paid on my space because I have not been paid and the employer called the landlord and made some type of agreement which I am unaware of.

I have never in my life seen anything like this. Clearly the company (which is owned an run by one American man here in Bangkok) does not have the money or resources they said in the beginning. They have strung me along and I am tired of having to stay home everyday looking at the four walls because I have not been paid and not having enough money to eat sometimes. I work very hard and the company wants to talk to me about everything but salary. I am terribly depressed and humiliated.

Is this something worth going to the Labour Board about? Or is my time in Thailand over? My employer likes to boast they know people if someone ever tried to go to the Labour Board (he is doing the same thing to his three Thai employees).

Please I need serious answers here. I simply want my employer to pay me my monthly salary or if not to pay me what is owed from all of the previous months so I can be rid of them.

Thank you.

As your name implies SHOWDOWN time I think.

Why wait 9 months ? What do you work at ?

Sorry to hear of your problem / s but situation needs sorted now BUT I don't know how my Toe can help you.

BT

[mrtoad]

Is this something worth going to the Labour Board about? Or is my time in Thailand over? My employer likes to boast they know people if someone ever tried to go to the Labour Board (he is doing the same thing to his three Thai employees).

Don't they all like to make those sort of threats. Seems like this boss needs a visit from someone who deals on similar terms. Hope you get it sorted, and really you should go to the Labour board.

[ukrules]

It looks like your employer has decided to keep your money in his pocket rather than pay you.

I would report him immediately if I were you and look for another job.

[joskydive]

I'd go and take all your paperwork (Contract, payment receipts, Work Permit, Visa, etc.,) to the Labour Board, state your case and see what they have to say. You have nothing to lose and plenty to gain. They might also be interested in how many Thai Employees this man has since, by Law, they have to have so many per Work Permit. The Labour Board could turn out to be your best friend!

[spongeman]

As your name implies SHOWDOWN time I think.

Why wait 9 months ? What do you work at ?

Sorry to hear of your problem / s but situation needs sorted now BUT I don't know how my Toe can help you.

BT

There hopefully will be a crackdown on Toes next week.

[Mario2008]

Remember that if you are on an extension of stay from immigration based on working, you will lose your right to stay in thailand the moment your job ends. You have to leave the country the same day or get a 7 day extension from immigration.

[roger1999]

Consider involving a lawyer if you have the resources. I don't know anything about the labour board, so you may try that first. Lawyers aren't cheap.

[Soutpeel]

I have never in my life seen anything like this. Clearly the company (which is owned an run by one American man here in Bangkok) does not have the money or resources they said in the beginning. They have strung me along and I am tired of having to stay home everyday looking at the four walls because I have not been paid and not having enough money to eat sometimes. I work very hard and the company wants to talk to me about everything but salary. I am terribly depressed and humiliated.

Is this something worth going to the Labour Board about? Or is my time in Thailand over? My employer likes to boast they know people if someone ever tried to go to the Labour Board (he is doing the same thing to his three Thai employees).

Thank you.

Go to Department of labour who issued your WP and lodge a complaint....if you can convince the three Thai employees to put a complaint in as well even better.

Do not even think about re-signing.

Hope it all works out for you

[Soutpeel]

Consider involving a lawyer if you have the resources. I don't know anything about the labour board, so you may try that first. Lawyers aren't cheap.

He doesnt need a lawyer, the Department of labour will invesigate...

[Travel2003]

Not wanting to sound suspicious here, or claiming the OP is trolling, so dont misunderstand the following.

Could the OP maybe tell us what Company this is?

This to make sure other potential employees, who might happen to read this thread got a "heads up".

Obviously this is not just a one-man-company since you.....

Quote

I paid for my own airfare and the deposit on my apartment on my own dime (even though the apt was in the employers name).

End of quote.

Since (hopefully) nobody in their right mind would travel half away around the globe on their on expences if it was just another "great business project" in Thailand.

Would it be possible to get the name of this Company?

But come to think about it, most bigger Companies actually pay the ticket for their employees, since they normally get it back on the tax.

[andy1308]

You have an employment contract and a work permit which gives you a VERY strong case legally. Go to the Labour Court, but also bear in mind what has been said above about what happens when your job ceases. You need to be prepared to get the 7-day extension or leave the country on the same day.

[MyphuketLife]

If you are ready to go home, I would report the SOB to the labor board... If you are not ready to leave (have girlfriend, wife, love the country, what ever reason)... Find another job, then report the sorry SOB.

[Showdown1]

In response to some of the statements made:

First thank you for your constructive responses. And yes, I do like Thailand (and not because of bargirls and all of that stuff) but because it is a nice way of life, I have a fantastic girlfriend and I think I can do well here. If it were not for those things I would have already left. But your responses have helped lift a great weight off of my chest as this has been a terrible 9 months for me. I am a good employee, work hard and am honest and have never been taken such advantage of in my life.

I had found it very difficult to find a job here because it seems that Thailand would rather you visit and leave than work here. I am sure that is subject to debate but because you need X Thai employees for one foriegner makes it hard for Thai companies to hire you. Several friends have gotten telecommute jobs from the States but live here on Education visas. Perhaps that is a route I can take.

And thank you for the heads up about having to leave the country when I stop working for this irresponsible cruel person. I will be sure to be ready to go to immigration that day to get a 7 day extension (what does that cost?) and then get on a bus the next day and then return to get the education visa.

Thank you again for all of your advice. Any further advice is welcomed.

If you are ready to go home, I would report the SOB to the labor board... If you are not ready to leave (have girlfriend, wife, love the country, what ever reason)... Find another job, then report the sorry SOB.

[thailandbluegrass]

Sorry folks but where did you get this info about when you cash in your work permit you must leave Thailand the next day etc????? This is NOT correct. When you hand in your work permit, they will put a stamp in your passport saying that you no longer have employment in Thailand so your visa automatically goes back to Tourist Visa and you have 7 days to deal with it.

If you take your case to the Labor Board as most posters here mentioned that is your best bet and they might be able to give you an extension on your visa due to having a legal ongoing court matter here in Thailand. But the labor board is the best bet. The is a Thai Lawyers Assosiatin here that has many University working free for the association trying to get experience so they help poor people and expats with similar problems. Give them a call

The Lawyers Association of Thailand

26 Building 5

Rachadamnoen Road

Phra Nakorn District

Bangkok - Tel: (02) 622 – 2331 or 2332

[mrtoad]

Sorry folks but where did you get this info about when you cash in your work permit you must leave Thailand the next day etc????? This is NOT correct. When you hand in your work permit, they will put a stamp in your passport saying that you no longer have employment in Thailand so your visa automatically goes back to Tourist Visa and you have 7 days to deal with it.

I think you may find if you are on an extension it is a little different. There have been a number of changes from what I understand.

[SurfRider]

My suggestion would be to call or send an e-mail to the U.S. Embassy and request a meeting with the Consul General to explain the situation in detail. At the very least, he should be able to offer some suggestions if not help with a resolution to the problem.

http://bangkok.usembassy.gov/

[anothertorres]

if this was happening to you in the US, would you be posting 9 months later on what you should do? ridiculous. here is your answer in the form of a quesiton...

uhh... quit?

[webfact]

Well the OP may have tried to solve this issue to no avail and is now seeking advise.

Every case is different and it may have taken 9 month for whatever reason before going public.

Nothing unusual IMHO

[mrsmith]

hi i don't understand why yuo waited so long.

here is my suggestion;

1. go to labor board

2. go to us embassy

3.contact a law firm( i recommend sunbelt asia)have done business with them for a couple of years

hope this helps,mrsmith

[Showdown1]

Well the OP may have tried to solve this issue to no avail and is now seeking advise.

Every case is different and it may have taken 9 month for whatever reason before going public.

Nothing unusual IMHO

First, someone please explain to me what an OP is.

Second I have just addressed this issue because this person talked a good game ie they were going to solve the problem etc. I am aware I made several mistakes by paying my own way etc. But now is the time to fix it.

[webfact]

Well the OP may have tried to solve this issue to no avail and is now seeking advise.

Every case is different and it may have taken 9 month for whatever reason before going public.

Nothing unusual IMHO

First, someone please explain to me what an OP is.

Second I have just addressed this issue because this person talked a good game ie they were going to solve the problem etc. I am aware I made several mistakes by paying my own way etc. But now is the time to fix it.

First, someone please explain to me what an OP is.

Original Poster = the topic starter

[Rama]

As an American and having an American employer you can sue him in American court. You would have to sue him personally and not his company. You should go to the American consulate and discuss - you may be able to get him charged with criminal fraud in the US since you were living in the US when you found out about the "job" and moved here (as I understand it). If he duped you over the internet or over the telephone, that's wire fraud also.

He has no more pull at the labor department then anyone else. Go to the labor department after visiting the American embassy. STOP all interaction with the guy - no more phone calls, emails, etc. If he gets a wiff of what you're doing he may try and start to build a defense for himself.

It took you 9 months????????????

[GMoney]

If he is doing the same thing to the other employees then perhaps you can organize a strike at a time that will severely impact his business.

[Petbon]

As an American and having an American employer you can sue him in American court. You would have to sue him personally and not his company. You should go to the American consulate and discuss - you may be able to get him charged with criminal fraud in the US since you were living in the US when you found out about the "job" and moved here (as I understand it). If he duped you over the internet or over the telephone, that's wire fraud also. It took you 9 months????????????

When younger, two small businesses did not pay the $$thousands commission I earned. They kept stringing me along for mths and then I didn't know some small-time biz operators are hocked to the hilt and haven't any money to pay out anyway.

Sounds like your outfit was equally dodgy.

If taking legal action you need to weigh up:

- Is it worth the time, upset, cost etc.

- Even if you win, would they have reserves to pay you

Know I did right thing just putting it down to experience as my NZ employers were dishonest and broke, but I hadn't realised.

[losworld]

If you would tell us what type of business it was then I could perhaps suggest how ou could apply some leverage. So what is the business? Is it legit?

[ferd54]

I worked in Thailand for 14 years. The Thai labor courts indeed seem to side with employees in the cases I know if. I had a colleague sue our employer -- and he was in the wrong in my opinion -- and the court awarded him damages (gave him the benefit of the doubt). From what I saw, they treated foreign and Thai workers with equality as well.

[Pib]

Your only real option is to take it to the Thai Labor authorities, whether you decide to stay or leave Thailand. The American Embassy ain't going to/can't provide any real help on this issue. But be prepared to switch to a different type of visa to stay in country and to continue to provide an in-person fight.

[hhgz]

"Is this something worth going to the Labour Board about?"

It's YOUR money, and it's up to YOU to decide whether it's worth it to fight for what is owed YOU.