Labor & Employment

EXAMPLE CASE

A typical scenario

* This is a model case to illustrate our workflow.

The Problem

Employee misconduct discovered internally. Unsure how to proceed

An internal whistleblower report has revealed suspected embezzlement by an accounting staff member. Management is uncertain about how to preserve evidence and what level of disciplinary action is appropriate, and wants documentation support while handling the matter internally.

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Our Response

Written backup from investigation guidance through disciplinary action to separation

Advise on investigation approach; deliver meeting minutes and task list
Provide a table of comparable court precedents on disciplinary severity
Draft disciplinary notice, talking points script, and mutual separation agreement

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Deliverables

Meeting minutes + Task list + Precedent table + Disciplinary notice + Talking points + Separation agreement

The attorney remained behind the scenes, supporting the company's own resolution process through documentation as the company drove the separation proceedings.

DELIVERABLES

Disciplinary_Notice.pdf

CONFIDENTIAL

Notice of Disciplinary Action

[Date]

To: [Employee Name]

Company D, Representative Director [Name]

Pursuant to Article [X] of our Work Rules, we hereby impose the following disciplinary action upon you.

Details

1. Type of disciplinary action: Recommendation to resign

2. Grounds for action:

While serving in an accounting capacity, you misappropriated company funds. This constitutes a violation of Article [X], Item [X] of the Work Rules.

3. Deadline for resignation letter: Within [X] days of receipt

Separation_Agreement_Draft.pdf

DRAFT

Mutual Separation Agreement (Draft)

Company D ("Party A") and [Employee Name] ("Party B") agree as follows regarding Party B's separation from employment.

Article 1 (Separation)
Party B shall separate from Party A as of [Date].

Article 2 (Severance)
Party A shall pay Party B [amount] as severance.

Article 3 (Confidentiality)
Neither party shall disclose the terms of this agreement to third parties.

Article 4 (Release)
Both parties confirm that no further claims or obligations exist between them.

This agreement is executed in duplicate, with each party retaining one copy.

Hearing_Talking_Points.pdf

Talking Points for Hearing & Disciplinary Notification

STEP 1 Opening the hearing

"We have arranged this meeting to hear your account regarding the matter we discussed previously. Please share your perspective."

STEP 2 Confirming the facts

"Our investigation has confirmed the following facts."
"We have identified [X] instances totaling approximately [amount] in unauthorized withdrawals. Please provide your explanation."

STEP 3 Communicating the decision

"After careful internal deliberation, we have determined that a recommendation to resign is appropriate pursuant to Article [X] of our Work Rules."

Important notes

Avoid emotional language; communicate only facts and the disciplinary decision calmly. If the employee becomes agitated, adjourn to another day.

SUPPORT AREAS

Services we provide

We represent employers (management side) in the following labor management and employment dispute matters.

Dismissal & Separation Disputes

We advise on the validity of dismissals, conduct of separation negotiations, calculation of dismissal notice pay, and transitions to mutual separation agreements. Consulting before taking action can significantly reduce dispute risk.

Overtime & Wage Claims

We handle overtime claims from former employees, review the validity of fixed overtime pay structures, recalculate working hours, and draft rebuttal documents. We scrutinize the reasonableness of claimed amounts and propose appropriate response strategies.

Work Rules & Employment Contracts

We conduct legal reviews of existing work rules, draft revisions, and prepare employment contract templates. Deficiencies in dismissal and overtime provisions are a common source of disputes, so we support preventive measures.

Labor Tribunal & Litigation

We provide full representation in cases of wrongful dismissal suits, wage disputes, and other matters that proceed to labor tribunal or litigation, from drafting pleadings to court appearances.

Harassment Response

We support fact-finding procedures upon receipt of power harassment or sexual harassment complaints, response strategy formulation, and disciplinary proceedings against offenders.

Dealing with Problematic Employees

We advise on documenting warnings for attendance issues, poor performance, or lack of cooperation, as well as reassignment and the conduct of separation negotiations.

WHY US

Why choose our office

01

Employer-side representation aligned with management

Our office is a member of the Japan Management Lawyers' Association (Keiei Hoso Kaigi), and we fundamentally represent employers (management side) in labor management and employment disputes. We stand alongside business owners, proposing strategies grounded in practical realities. Naturally, our advice is always rendered in proper compliance with applicable labor laws and regulations.

02

Broad experience across labor issues

We have experience across a wide range of labor topics including harassment, dismissal, and overtime disputes. Before establishing our own practice, our attorney was affiliated with an employer-side firm, handling labor matters on a continuing basis. Since opening our office, we have managed numerous labor matters for advisory clients, accumulating substantial experience across diverse areas.

03

Partnerships with social insurance consultants and tax accountants

We partner with a major social insurance labor consultant firm in northern Kyushu, obtaining expert input for dispute resolution as needed. When tax considerations arise, we coordinate with the company's tax accountant or arrange consultations with tax professionals as appropriate.

Key Point

Keys to early, amicable resolution of labor issues

Always consult us before taking action.

If you are considering any action toward an employee -- disciplinary measures, dismissal, or separation negotiations -- it is critical to consult us before executing.

Once action has been taken, if the action proves unlawful, it may need to be reversed. Alternatively, you may find yourself responding after the opposing attorney has already challenged the validity of the action, resulting in significantly more time and cost to resolve.

The essential point -- not limited to labor matters -- is to proceed carefully, step by step, with ongoing professional guidance. Hasty action often leads to failure, so please consult us whenever you feel any uncertainty or concern.

Ongoing consultation is the surest path to amicable resolution of labor issues.

RELATED FIELDS

Related practice areas

Clients who consult us about labor matters also frequently use the following services.

Contract Review & Drafting