Thai Lawsuit Question

[TyGrr]

Can anyone help me understand what he is talking about? quote found on this page, http://www.ajarn.com/ajarn-guests/articles/teacher-nightmares/

"Unfortunately, fighting for the money was going to take time. If I wanted to go all the way and claim a lawful ten times the amount I was owed, the case could take anything up to two years. If I wanted to claim only the money I was owed according to the contract, it would take several weeks."

I am involved in a law suit with a school who decided to cancel a contract. However I am only suing for the money owed me and have been told this will take me a year. How can one sue for 10 times the amount?

Thanks in advance?

[Soutpeel]

One can not sue for 10 times the amount owed.....the person who wrote this article is talking a load of sh*t.....you can only sue for what is owed,

What justifcation could give for suing for 10 X the amount ? you are not out of pocket for 10 X the amount you are owed.

I am also assuming you are taking about serverance pay not salary owed ?.....the amounts payed on serverance are pre-defined under

Thai labour law.

[TyGrr]

One can not sue for 10 times the amount owed.....the person who wrote this article is talking a load of sh*t.....you can only sue for what is owed,

What justifcation could give for suing for 10 X the amount ? you are not out of pocket for 10 X the amount you are owed.

I am also assuming you are taking about serverance pay not salary owed ?.....the amounts payed on serverance are pre-defined under

Thai labour law.

I think both of us are talking about salary. I had a contract where they just stopped paying after 5 months.

The guy might be full of sh-t, that's why I'm asking you guys.

[Soutpeel]

The guy might be full of sh-t, that's why I'm asking you guys.

You can only sue for what is owed...go and see the labour department and you dont need to sue anybody, if the claim is valid they will get your money for you and it cost you nothing.

[kuffki]

One can not sue for 10 times the amount owed.....the person who wrote this article is talking a load of sh*t.....you can only sue for what is owed,

What justifcation could give for suing for 10 X the amount ? you are not out of pocket for 10 X the amount you are owed.

I am also assuming you are taking about serverance pay not salary owed ?.....the amounts payed on serverance are pre-defined under

Thai labour law.

One can sue for any amount he/she wishes. What he/she wins is another matter.

Person could sue for loss of income during the contract(for breaking it) plus lost income for having to leave the previous job by accepting this contract, plus other expenses such as relocation costs, accommodation costs and other related expenses.

One problem OP is facing, even if he/she wins there is a possibility that the school does not pay the money, in which case he/she would need to file another law suit for that and so on.

[TyGrr]

You know I did this (local department). They told me to see a lawyer. I did and now we are in court.

Should I go to the labor office in BKK? What should I ask for when I go?

Thanks in advance.

[Soutpeel]

You know I did this (local department). They told me to see a lawyer. I did and now we are in court.

Should I go to the labor office in BKK? What should I ask for when I go?

Thanks in advance.

You need to go to the same labour department office which issued your WP.....if you have done this and the labour department has suggested you see a lawyer this would imply to me this is not a clean cut case or they feel you do not have a strong enough case for them to persue.

[TyGrr]

You know I did this (local department). They told me to see a lawyer. I did and now we are in court.

Should I go to the labor office in BKK? What should I ask for when I go?

Thanks in advance.

You need to go to the same labour department office which issued your WP.....if you have done this and the labour department has suggested you see a lawyer this would imply to me this is not a clean cut case or they feel you do not have a strong enough case for them to persue.

Thailand, gota pay to play. I guess the LD does not want to be known for going after local schools as he clearly wont get the 20% my lawyer will be taking. Easy to brush it off. Thanks for your advice

[Soutpeel]

One can sue for any amount he/she wishes. What he/she wins is another matter.

Person could sue for loss of income during the contract(for breaking it) plus lost income for having to leave the previous job by accepting this contract, plus other expenses such as relocation costs, accommodation costs and other related expenses.

Of course you could, but the OP specifcally talks about suing for 10 X the amount owed, there is no provision under any civil legal code to sue for "10 X" the amount.

Also by going into a court trying to take the "p*ss" over the amounts sued for would, I suspect be looked upon very unfavorably by the court and could even result in the judgement going against a "legitimate claim"

In a court the the person would have to prove lost income,expenses etc....accommadation and "other" expenses could only be sued for if they were detailed in the contract T&C's and the company concerned did not meet this obligation.

[TyGrr]

One can sue for any amount he/she wishes. What he/she wins is another matter.

Person could sue for loss of income during the contract(for breaking it) plus lost income for having to leave the previous job by accepting this contract, plus other expenses such as relocation costs, accommodation costs and other related expenses.

Of course you could, but the OP specifcally talks about suing for 10 X the amount owed, there is no provision under any civil legal code to sue for "10 X" the amount.

Also by going into a court trying to take the "p*ss" over the amounts sued for would, I suspect be looked upon very unfavorably by the court and could even result in the judgement going against a "legitimate claim"

In a court the the person would have to prove lost income,expenses etc....accommadation and "other" expenses could only be sued for if they were detailed in the contract T&C's and the company concerned did not meet this obligation.

Well, What happened is the school said I was fired because I did not pass an evaluation that was marked by the students. But the parents and students have protested to BKK for my being fired, in fact they want me hired back. I might take the documents and go back to the LD to see what they say. If nothing else I will just stay in court. I do worry about winning in court and the school still not paying me. That would really suck.

[Soutpeel]

Thailand, gota pay to play. I guess the LD does not want to be known for going after local schools as he clearly wont get the 20% my lawyer will be taking. Easy to brush it off. Thanks for your advice

I disagree, I had occasion many years ago to use the "services" of the labour department and they got the THB 300k owed to me and it only took 2 weeks to resolve and never needed a lawyer, so will stand by my original statement that your case is not "clean cut" hence the reason they have declined your case and suggested a lawyer.

[TyGrr]

Thailand, gota pay to play. I guess the LD does not want to be known for going after local schools as he clearly wont get the 20% my lawyer will be taking. Easy to brush it off. Thanks for your advice

I disagree, I had occasion many years ago to use the "services" of the labour department and they got the THB 300k owed to me and it only took 2 weeks to resolve and never needed a lawyer, so will stand by my original statement that your case is not "clean cut" hence the reason they have declined your case and suggested a lawyer.

Well If that is true, the protests sent to the LD in BKK should help convince the local LD tohelp me out. Anyway thanks for your ideas on this.

[Soutpeel]

Well, What happened is the school said I was fired because I did not pass an evaluation that was marked by the students. But the parents and students have protested to BKK for my being fired, in fact they want me hired back. I might take the documents and go back to the LD to see what they say. If nothing else I will just stay in court. I do worry about winning in court and the school still not paying me. That would really suck.

Ah and there we are...Now I understand why the LD will not take the case to recover salary, if you have been fired, you need to prove "wrongful" dismissal first..ie you would need to prove the school did not dismiss you in accordance with the Thai labour act on proving that, the salary claim would be next.

[thaihome]

You are not suing for severence pay, you are suing for being wrongfully terminated. Once that is settled and if it is in your favor, you will collect your severence pay.

TH

[thailandbluegrass]

Was it S.I.A.M by any chance? Private me if it is. I have dealings with them

[TyGrr]

You are not suing for severence pay, you are suing for being wrongfully terminated. Once that is settled and if it is in your favor, you will collect your severence pay.

TH

I should get 1 month of pay for severance, but what I am really after is the 7 months of lost wages. We are currently in court, I was told this would take about a year.

[Soutpeel]

You are not suing for severence pay, you are suing for being wrongfully terminated. Once that is settled and if it is in your favor, you will collect your severence pay.

TH

I should get 1 month of pay for severance, but what I am really after is the 7 months of lost wages. We are currently in court, I was told this would take about a year.

I have tendancy to agree with TH's sentiments on this, you in fact have two issues to be resolved, one is wrongful termination and the second matter is lost wages.

The school concerned must have its "reasons" to not have paid you which may be related to the wrongful termination ?.....if it was a straight matter of non-payment it would take less than 1 year to bring to conclusion and in fact the labour department would have taken your claim on.