Threats from last employer (Spain)

IrishExpat

Hi all, I've been thinking over which forum to take this to, or to even if I'll gain anything from writing it, but any advice will be appreciated.

Where to begin ... I've mentioned before in previous posts that I'm based in Spain and effectively work in two areas, in-company ESL/EFL teaching for agencies, and more recently web design/dev work; specifically for academies around Spain - getting them set up with online courses and marketing etc. And I'm doing less and less teaching as a result.

From Jan - early August I had been working with a somewhat reputable academy/agency in Madrid, only 18-20 hours a week, but longer hours when travel to companies and prep work are calculated.

In this time I've had a number of problems with management, and I can't decide if they are/were just incompetent or if it was wilful dishonesty - and if it's worth getting legal advice ... I'll keep it short.

In early January 2015 I was actively head-hunted from my previous agency - offered an interview, gave the trial classes, the usual - to be offered 1,100/net for 25hrs a week (not great by Irish standards, but it goes far here) - which was 300eur higher than my part-time salary with the other crowd.

Note: this offer was made in a private 1-to-1 meeting with the Director of Studies - not the director or HR.

I duly handed in my notice with the previous academy and began work on the 15th of January. The first 2 weeks I was given 1-to-1 classes with a few important clients in Madrid - and the evaluations all came back positive.

Actually, the evaluations were unsolicited in 2 cases - emails direct to my academy saying they wanted to continue with me until August.

During these 2 weeks I asked again and again for my contract, with the excuse given that the gestoría were 'on it' etc - only to be called into a meeting on Feb 1st (this time Director of Studies and the CEO) to be told they could not honour their original offer and could only offer me 16-18 hours a week at 720eur. At this point I had left my last academy, and they said they would 'make good' on it when work picked up again.

I will talk to a lawyer tomorrow - but I hope verbal agreements carry weight in Spanish law.

I was basically stuck working for them as Feb. is not the best time of year to look for another contract ... so I continued and made up the difference doing private work and the odd website.

There were a number of issues with mgt during this time, but I'll fast forward.

I asked around and this is a common strategy, which they had used on at least 3 others in 2014 - to poach teachers/trainers - so instead of shouting about lawyers and compensation I quietly began interviewing for a more serious academy.

I now have an offer for Sept. (for my final year in Madrid) - this time with a lot more research - with an offer in line with my expectations, experience and studies ...

I handed in my notice - which was not legally required as my contract was technically finished (they fire you in July/August, then re-contract you in Sept.) and now it's taken a different turn ...

I received yesterday a vicious email, in Spanish - from one of the two main directors; telling me 'Madrid is a small town and we know all of the schools', obviously a threat - and calling into questions my ethics and value as a teacher.

All of my evaluations were terrible, apparently, and they were only going to keep me on in Sept. as there was a shortage of teachers - which goes against tens of references direct from their clients, asking if I was coming back to teach them in Sept. Also there will be no reference other than to say I worked there.

I responded in kind highlighting the offending sentences - and brought up the tactics they used in January, only to receive a very aggressive (recorded) phone call - the first line of which: "Do you want to go to war?"

The call itself was a good 30 mins - in which the director repeated the 'Madrid is a small town' line a number of times and when pressed to provide the phantom negative evaluations I was told she would save me the bother and just email them to my new employer. Of course it is easy to fabricate a pdf after the fact.

I had no choice but to call my new academy to advise of any emails, and they told me not to worry, that the woman was known to do this every time she lost teachers - which it seems is a yearly occurence.

I've tried to give an objective account of events, leaving out quite a bit.

What should I do? Move on, chalk it down to exp. or push for compensation?

The lie around their original offer has seriously affected my savings-plan, as I had calculated I could save 6k for a course here in Sept., which has now been delayed for another year.

That and the stress, directly related to this behaviour ...

Kristopherus

Go to your new employer/ academy and forget about the other crowd. Thats my 2 cents.

IrishExpat

I'll also briefly mention that this is not my first problem I have had in Spain around contracts and working conditions.

Teachers here are abandoning Spain, a massive drop in numbers from when I arrived in 2011 - and I've heard a number of stories of schools/academies/agencies really taking advantage of teachers and trainers - sometimes down to the language barrier.

Late payments (e.g. 15th-17th of the month), initial offers taken back, promises to pay travel costs and then not honoured, calling previous employers and casting aspersions on their character, let go on the last day of the trial period despite being hard workers with strong evaluations ...

This has to be my last year teaching, or in Spain for that matter - as protections for foreign residents are really quite low - and more so in this sector.

If by chance anyone is reading this and considering a TEFL, please read further into this online and ask around before making the move.

uck51js9zml2yt

Just move on.TEFL in Spain/ portugal is tough in general with schools treating their staff poorly.

duploelabs

Spanish companies have a very poor record of good business practices. Having worked for one for two and a half years I can personally vouch for this as well as having two friends who run companies in Spain. They even have a term called Denucilor, my spelling may be off, which is common practice and pertains to a company will 'bad mouth' you to everyone they trade with if you take a grievance or complaint against them

abff

I can't see anything to gain by confronting your current employer. Move on and try to forget about her. Even if you were to win a case against her, she sounds like the type of person who would make the process as stressful as possible and I would not be convinced that she would deal with the issue in any sort of honest or ethical manner.

C.K Dexter Haven

As others have said, I'd engage as little as possible with the former employer- while it would be prudent to keep records of any abuse they are throwing at you, I think you'd be playing into their hands by responding- they certainly don't sound as ethical as you do, which means that anything you say/do could be twisted around if you took legal action in the future- ask yourself, is it worth taking that on?
You're a little wiser and a little more cautious now- your first mistake was leaving the previous job without a contract in place for the new one- how your new employer treated you could have happened anywhere, although from other posters here, it doesn't appear to be an uncommon occurrence in Spain.

Onwards and upwards;)

IrishExpat

Thank you all for the advice. The issue, unfortunately, is far from over.

We had a long phone call (think I mentioned it above, where the director tried to calm me down) and when I said I would NOT contact their clients - quite a few students who are still asking me via email if I am coming back in Sept. - I thought that was the end of it ... move on, lesson learned, a long shot for compensation.

but she did it, she actually called my new school again - for no reason but out of spite - to get in the last dig and warn them about my 'character'. My new boss called to inform me that they told her where to go and there is no problem for Sept.

but how can I leave it be now? This may be absolutely illegal in Ireland, but Spain's a grey area re: defamation.

And the more I think on it - the dishonesty around the offer still has me angry. They keep blaming their now ex-Director of Studies, as 'he' made me the offer, not the academy ... this is their line.

He may have made the offer, but on behalf of the company - the management must hold responsibility as they delegated that duty to him, but since he's left he is now the go-to scapegoat for all of their problems.

What to do ... I haven't a lot of money to bring this to court.

Inquitus

IrishExpat wrote: »

Thank you all for the advice. The issue, unfortunately, is far from over.

We had a long phone call (think I mentioned it above, where the director tried to calm me down) and when I said I would NOT contact their clients - quite a few students who are still asking me via email if I am coming back in Sept. - I thought that was the end of it ... move on, lesson learned, a long shot for compensation.

but she did it, she actually called my new school again - for no reason but out of spite - to get in the last dig and warn them about my 'character'. My new boss called to inform me that they told her where to go and there is no problem for Sept.

but how can I leave it be now? This may be absolutely illegal in Ireland, but Spain's a grey area re: defamation.

And the more I think on it - the dishonesty around the offer still has me angry. They keep blaming their now ex-Director of Studies, as 'he' made me the offer, not the academy ... this is their line.

He may have made the offer, but on behalf of the company - the management must hold responsibility as they delegated that duty to him, but since he's left he is now the go-to scapegoat for all of their problems.

What to do ... I haven't a lot of money to bring this to court.

You have to let it go, you should have insisted on a contract before moving jobs, you have made mistakes, they have no ethics, move on and good luck in the new job.

C.K Dexter Haven

Inquitus wrote: »

You have to let it go, you should have insisted on a contract before moving jobs, you have made mistakes, they have no ethics, move on and good luck in the new job.

^^^ Not sure i can add anything in addition to the above OP- I think you're getting good advice here.

uck51js9zml2yt

You'll get no satisfaction going the legal route and verbal contracts are with the paper they're not written on...so of no standing.

Move on and enjoy your new job. Says a lot about the new school how they are defending you.

IrishExpat

IrishExpat wrote: »

I now have an offer for Sept. (for my final year in Madrid) - this time with a lot more research - with an offer in line with my expectations, experience and studies ... My new boss called to inform me that they told her where to go and there is no problem for Sept

IrishExpat wrote: »

but how can I leave it be now?

I completely understand that you feel like this person is getting away with something, but you are absolutely the winner in this situation. You have a good job with a reputable academy for your last year in Madrid and this woman clearly has a reputation in the city/industry.

Honestly, the best revenge you could have on this person is to move on and enjoy your new job.

abff

Deleted User wrote: »

I completely understand that you feel like this person is getting away with something, but you are absolutely the winner in this situation. You have a good job with a reputable academy for your last year in Madrid and this woman clearly has a reputation in the city/industry.

Honestly, the best revenge you could have on this person is to move on and enjoy your new job.

That's excellent advice. I really hope you take it. You would be mad to pursue this any further, no matter how rightfully aggrieved you feel.

the_syco

IrishExpat wrote: »

We had a long phone call (think I mentioned it above, where the director tried to calm me down) and when I said I would NOT contact their clients - quite a few students who are still asking me via email if I am coming back in Sept. - I thought that was the end of it ... move on, lesson learned, a long shot for compensation.

You said you wouldn't contact your old clients... but maybe your current job would?

As you signed no contract, there may be nothing stopping you? It's not compensation per se, but robbing your past employer of business does sound like revenge. Maybe something to check with a Spanish lawyer to see if there are any rules against it, esp when you have never signed anything, because as they showed you, a verbal agreement ain't worth jack.