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So sue me. Seriously!

 
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gang ah jee



Joined: 14 Jan 2003
Location: city of paper

PostPosted: Thu Jun 19, 2003 10:18 pm    Post subject: So sue me. Seriously! Reply with quote

Those of you who read the Job Discussion forum might have heard that I am in a dispute about severance payment with my previous employer.

This is chapter 2.

Last week I made it to the foreign workers advisory service (they are excellent, by the way) and explained my situation to them. They looked at my contract, called my employer and told her that she is obligated by law to pay me. She responded that there was no way she would pay the money, and that if I continued to pursue the matter, she would SUE me.

hmm. Apparently she has some kind of 'proof' that I was a 'bad teacher' and that I caused the school damage for which I should be liable. so, um, whatever. It seems like just another bit of grasping at straws threat-work to me, but has anyone ever been sued here? anyone know the requirements for iniating a claim? I heard minimum claim was 10 million won but, well, I heard a lot of things.


Last edited by gang ah jee on Thu Jun 19, 2003 10:35 pm; edited 1 time in total
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wormholes101



Joined: 11 Mar 2003

PostPosted: Thu Jun 19, 2003 10:22 pm    Post subject: Reply with quote

I can't answer your questions but... I'd call her bluff.
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Butterfly



Joined: 02 Mar 2003
Location: Kuwait

PostPosted: Thu Jun 19, 2003 10:42 pm    Post subject: Reply with quote

A school I worked at once, not long after I arrived looked into suing a teacher. I don't know about you guy but this feller really had it coming, poaching students to do privates, telling them not to register because the school was 'krapp', threatening some of the female reception staff because they were 20 minutes late with his paycheck. . . . really abuseive and underhanded. I really wanted the school to screw him and have him kicked out of the country, as did the manager. However, the school consulted a lawyer and they could do nothing, it would take too long ans was simply not worth the hassle. In essence it would cost her 2 or 3 times more to sue you than just pay you. She'll suck it up in the end. She'll have to. My school was a big school, a few branches, influential. but just gave up on it. She'll do the same. As long as your consicence is clear that you acted honorably all the while, stick to your guns.
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gang ah jee



Joined: 14 Jan 2003
Location: city of paper

PostPosted: Thu Jun 19, 2003 10:52 pm    Post subject: Reply with quote

ooo-Wee i ain't nothing like that butterfly. my conscience is clear.
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humanuspneumos



Joined: 08 Jun 2003

PostPosted: Fri Jun 20, 2003 12:08 am    Post subject: Well- here's what I heard Reply with quote

from someone- it only costs around 100.000 won to sue anybody for anything- initially. The trick is in tying people up for months in law-suits. Ask your lawyer if that's true- what the requirements are of a foreigner in being sued- does he have to stay until it's all sorted out or what?

I really hate bluffs because I try to make my life as simple as possible! Anyway, I did sit across from one of the best lawyers in a city- he had never lost a case there- and his advice was reconcilliation. However, a millionaire I sat with- one of my best friends- hammered on the owner and said, "You will never do business in this city again if you continue this direction." So, there you go- the lawyer who never lost a case said- reconcile- the businessman said, "You are going down!" - that was in a situation where my owner was on his way to bankruptcy and hand't paid some teachers for up to 6 months.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Fri Jun 20, 2003 5:45 am    Post subject: Re: Well- here's what I heard Reply with quote

humanuspneumos wrote:
- that was in a situation where my owner was on his way to bankruptcy and hand't paid some teachers for up to 6 months.



And right here we have it people! This is the biggest problem we face. Teachers who will stay at a hakwon even though they aren't being paid. Cut your losses after the first month and leave. If you don't..then you deserve what you are getting...nothing. This is the kind of cowardly behaviour that depresses wages for us all. Why pay 2 million a month when you can get them to work for free? Why indeed?
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humanuspneumos



Joined: 08 Jun 2003

PostPosted: Fri Jun 20, 2003 10:38 am    Post subject: I should have clarified a bit: Reply with quote

That's the Korean teachers- one by one who hadn't gotten paid- eventually it included about 5 Korean teachers- I knew who was next on the list. A good thing was that when it finally hit me it was only over the over-time for that month. It wasn't much- but- I could see where the trend would end-up. I remember one Koean teacher flying back and forth- after he quit just- to get his pay- little by little.

I did meet one guy in Kwanju who hadn't been paid fully for 3 months. He felt bad about the school's situation and took stipends for three months.
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gang ah jee



Joined: 14 Jan 2003
Location: city of paper

PostPosted: Fri Jun 20, 2003 1:52 pm    Post subject: Reply with quote

Butterfly wrote:
I don't know about you guy


was thinking about this more...

worst things I did.
-didn't hand in all my paperwork. (which wasn't being read anyway)

-became tired after 6pm (that is, after having already taught THIRTEEN classes that day, I had FIFTEEN in total. exactly what I told my boss would happen - 'look boss, if i teach more than 7 hours straight per day, somethings gonna blow!' 'Oh, but there's no-one else and you're a great teacher' 'well, you're the boss, just hope you understand.' In my last month I was teaching 8.5 hours (classroom) 3 days a week. then another 4 hours 2 days a week, spread over 16 hours office time. I was there about 50 hours a week.

-took the new foreign teacher to find some cheese at carrefour on a field trip. 5 minutes gone, with the kids fully supervised during that time.

pathetic huh? I was late 3 times in one year (always with valid excuse) i never even took privates, used one of my 5 sick days, 8 of my 10 vacation days.

while i was working there the school's enrollment tripled. and they're threatening to sue me? damn! It's insulting.
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crazykiwi



Joined: 07 Jun 2003
Location: new zealand via daejeon

PostPosted: Fri Jun 20, 2003 5:05 pm    Post subject: Reply with quote

gang ah jee

i feel for you. My girlfriend was in the same situation a few months back. Her hagwon said the same old s###, but she went to the labor department in daejon, (with a translator) who in turn invited her old boss for a meeting. Five minutes into the meeting, her boss admitted to firing her ON THE LAST DAY of her contract. Bang. The labor department dude told him, roughfly translated, "stop being an a##, of course you have to pay her. What do you mean she didn't finish her contract. Go away." Anyway, i dan't know if the Labor department has more clout than the office you went to, but that was how she did it. I f things didn't work out, she had some friendly KOrean gangster friends to do some some buiseness at a very resonable rate. Off the initial track..."you were a bad teacher?" Were you using that kiwi accent in class again (i've been following the other thread) What a naughty teacher. hope things go well for you. by the way. the school was "jung chul english school in daejon" stay away!~!!!!!
laterz
crazy
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denz



Joined: 15 Jan 2003
Location: soapland. alternatively - the school of rock!

PostPosted: Fri Jun 20, 2003 5:24 pm    Post subject: Reply with quote

what exactly is she suggesting she can sue you for?

denz
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Butterfly



Joined: 02 Mar 2003
Location: Kuwait

PostPosted: Fri Jun 20, 2003 6:16 pm    Post subject: Reply with quote

gang ah jee wrote:
worst things I did.
-didn't hand in all my paperwork. (which wasn't being read anyway)

-became tired after 6pm (that is, after having already taught THIRTEEN classes that day, I had FIFTEEN in total. exactly what I told my boss would happen - 'look boss, if i teach more than 7 hours straight per day, somethings gonna blow!' 'Oh, but there's no-one else and you're a great teacher' 'well, you're the boss, just hope you understand.' In my last month I was teaching 8.5 hours (classroom) 3 days a week. then another 4 hours 2 days a week, spread over 16 hours office time. I was there about 50 hours a week.

-took the new foreign teacher to find some cheese at carrefour on a field trip. 5 minutes gone, with the kids fully supervised during that time.

pathetic huh? I was late 3 times in one year (always with valid excuse) i never even took privates, used one of my 5 sick days, 8 of my 10 vacation days.

while i was working there the school's enrollment tripled. and they're threatening to sue me? damn! It's insulting.


Sure. Sounds weird, I cant see what grounds she could sue you on. I man, like I said, I don't know you so initially I had a kind of 'no smoke without fire' feeling, but if what you say is true then I cant see what leg she is going to stand on...?? Sounds she's just pi55ed off that you're leaving and will have difficulty replacing you.

Don't get me wrong, I mean I sometimes really feel for the hakwon owner who is entirely dependant on the foreign teacher who can make or break their business, and you so often see teachers who really have no idea what is going on and don't care, don't want to be accountable. But sometimes I suppose even if the teacher is good and works hard some bosses start to really hate their dependancy on the teacher, as in this case.

But...anyway I'm waffling. I really dont see what she can sue you for.
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itaewonguy



Joined: 25 Mar 2003

PostPosted: Fri Jun 20, 2003 7:03 pm    Post subject: Reply with quote

threaten her with a counter sue lawsuit..
stating that I have not been able to work this whole time because of distress and immigration not having my realease letter so I cant gain new employment etc.. sue for cost of living, salary lost, distress...
threaten her with that, and say ok! you want to go to court lets go!!!
have a korean lawyer right up what you are going to counter sue on, on lawyer letter head paper..
then I think she will think twice!
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eamo



Joined: 08 Mar 2003
Location: Shepherd's Bush, 1964.

PostPosted: Sat Jun 21, 2003 4:26 am    Post subject: Reply with quote

Of course she's bluffing.

Is she going to get statements from the kiddies saying you're a bad, bad man?

If you think the foreign workers advisory people really are excellent just keep following their advice.

You can't lose.
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