OFF: Legal question

[Nina79]

Maybe someone here will know:

Do I have any rights in Russia as a foreigner in terms of my reputation?
What I mean is:
The place I used to work for has me on their site (saying i still work there first of all) and under my name is a completely fabricated resume which has nothing to do with my real resume.
I have asked them repeatedly to delete this information and delete me from their site. They havent done it yet.
Do i have any legal rights here? Can i threaten them with lawyers and lawsuits or no?

[Aiduza]

ах, "Нина", Вы такая притягательная! в плане проблем на свою голову. :)

[Nina79]

aiduza
thanks for the "advice"

[Nina79]

aiduza
obviously i am a bad buddhist and my karma sucks, but this IS a serious question

[Aiduza]

no offence, "Nina", it was my off-topic to your off-topic.

[Анатолий Д]

***Can i threaten them with lawyers and lawsuits or no?***

What prevents you from just doing that?

One does not have inborn rights here, one acquires them by action.

[Brains]

Yes, you do. Especially now you do have all the rights you need. It was problematic in, say, 2002-2004, but not nowadays.

[Nina79]

anatoli d

well, ok, the reason i have the question is partly due to me not having had the legal right to work in russia at the time i worked for them.

[Монги]

Correct.

Yet, Susan, you have to be sure what are you doing. I mean, is it really worth it to spoil relations with your former employers?

[Rylena]

Why don't you go and consult with a lawyer? I don't think they'll give you bad advice, and then you'll know better what to do. because what we say to you here and now is more of our personal opinion, I think (I mean the question of having or not inborn or acquired rights), so you'd better get in touch with a lawyer (lawyer meaning legal expert). I am really convinced that this may help you to decide whether to proceed or not, and how.

[Nina79]

it is worth it
they are already spoiled
i quit because of their unprofessionalism and their tendency to write fake resumes and diplomas for thier employees. we can say that i quit because i do not agree with their illegal and unfair business practices.

[Nina79]

Rylena
and do you know of any good lawyers here who dont cost a fortune?

[Монги]

Susan,

U quit, or u got fired?

[Rylena]

I don't live in Moscow, and not even in the suburbs of Moscow, so I do know some. But I don't mean that you should go to an attorney who will do everything for you and then say that, oops, sorry, but we lost. My belief is that there are lawyers (legal experts) who can can just give you an advice. They know the legislation better than we do, and I would think that there are many legal exeprts working in Moscow. Why don't you try to call some of them and ask how a consultation would cost. Maybe, i'm wrong, but I don't think that ALL of them cost a fortune. And it does not necessarily mean that those who don't, are bad.
But, of course, it's just an advice coming 9again) from MY personal experience and belief.

[Монги]

oh, Susan,

If you REALLY want all those legal procedures initiated, e-mail me. I'll give you the contact information of good legal advisors in the sphere.

[e-mail]

[Анатолий Д]

I do not think [Moscow] lawyers (sorry for those who are reading this) may be really helpful in a matter like that unless they are your good buddies who accept to intervene informally. Others will try to rip you off, knowing you are a foreigner.
What you need at this stage is someone who will call [and then maybe write a letter to] your former employer and explain them what you want in plain Russian.

[Aiduza]

Nina, did your hubby suggest anything at all?

[Nina79]

mongi
i quit

[Nina79]

aiduza
the hubby doesnt know anything about lawyers and legal matters. he is as lost as to what to do as i am

[Aiduza]

at least he's a native Russian speaker.

[Монги]

2 Анатолий Д:

Не могу с Вами на 100% согласиться. Сейчас набирают обороты юр. услусги "за процент отсуженного", в т.ч. и сфере трудового законодательства. Что касается требования "уберите моё фальшивое резюме", то и здесь можно найти юриста с оплатой "по факту".

[Анатолий Д]

***отсуженного*** - да тут смешно было бы до суда доводить. Какой им интерес сопротивляться? Я уверен на 95% (хотя м.б. нам не все рассказали), что там просто некому заняться, подойти к компьютеру и убрать его. Какая выгода держать ложное чужое резюме?

[Nina79]

anatoli d

they profit by looking like a more professional school with teachers who are more qualified than they really are.
this was a teaching position and when students are chosing where they want to sign up for classes, they often look at credentials, especially when the client is a company looking for corporate lessons for its employees.

[Анатолий Д]

Are they a licensed school? You can write a letter to the organization that licensed them - at least, to displease them, surely.

[Juliza]

Nina
If you are still a U.S. citizen, you should always be able to get help from U.S.Embassy.

[Nina79]

anatoli
i am not sure if they are licensed. how do i find that out?

juliza:
the embassy, good point

[Монги]

2Анатолий Д:

В данном конкретном случае - полностью с Вами согласен.

[Анатолий Д]

how do i find that out? -- 1) let someone call them, and ask (as if a client); 2) see their site.

[Shumov]

"partly due to me not having had the legal right to work in russia at the time i worked for them."

I am, obviously, not a lawyer. But...

If this comes to light they'll have a much bigger problem with authorities, especially if they continue to employ people who have no right to work. The fact that you worked there whilst having no right to do so shouldn't bother you, providing you paid your income tax; they committed an offence by employing you in the first place. Just write to them politely, making a subtle hit between the lines re should this matter be forced into the realm of Law the consequences could be less then jolly for them, so it is better to settle this without help of lawyers.

[Nina79]

Shumov

good point

did i pay income taxes? I dont think i needed to. how much to you have to make a year in russia to have to pay income taxes?

[Анатолий Д]

Nina79
Lend your ears to Shumov, he is talking sensible stuff.

[Анатолий Д]

how much to you have to make a year in russia to have to pay income taxes? About 1/2 a year, maybe 180 days.
Even if you are income-tax-liable, it is the EMPLOYER's business to withhold income tax from your salary and remit it to the government.

[lоpuh]

Между прочим там про Вас так все замечательно написано :) правда школа-то "с душком": ну очень уж они в свое время спамом мучили

[Nina79]

anatoli
so im not at fault if they didnt withold taxes and the russian authorities wont be able to kill me for it? or deport me?

[Монги]

correct

[Juliza]

Я бы с письма начала, эт точно

[Анатолий Д]

I'm not a lawyer but
1) Russian authorities do not kill foreigners (exceptions are very rare).
2) I believe they cannot deport you as far as you have legitimized your status as of today.

[Shumov]

Nina79,

Don't worry about paying, or in this case not paying, your income tax. Your former employers must be total idiots to allow this matter to go any further than a quick exchange of e-mails.

[Nina79]

guess i am going to start with another letter, and another phone call and then i am really going to sick a lawyer on them.

but someone give me advice:
when i went to set up a contract with one client, i didnt know that they had faxed him a fake resume for me. i thought they were going to fax mine (the real one). then i didnt know what to do and kept my mouth shut. its after this that i immediately found another job and told this student that i cant work with him anymore. and quit teaching and started working at the bank.
is something bad going to happen to me becasue of this?

[Монги]

yup. Совесть замучает:)

[Nina79]

mongi

my conscience has tortured me for quite some time. i feel awful for the student. he was such a nice guy with such a HUGE desire to learn and they decided better to lie to him lest he find a more qualified teacher....

[Анатолий Д]

call him, make a clear confession and have drinks together.
In Russia, that works

[Juliza]

надо было предложить ему частные уроки взамен :)

[Nina79]

anatoli
it has been a year since i last saw him

juliza
working for the bank there would have been no time. but i recommended him a great teacher with who is far more qualified than me. unfortunately, she quit this school as well... for the same reasons.