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so I'm probably going to be fired next week ...

 
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miwi



Joined: 13 Jun 2012

PostPosted: Thu Nov 15, 2012 7:20 am    Post subject: so I'm probably going to be fired next week ... Reply with quote

Ugh I've tried to post three times now.

Basically the parents of two of my students are pissed off and can't accept some things about their kids. They had my Korean co-teacher fired a couple of days ago, (the second Korean teacher the same parents have had fired this year) and now they want to fire me.

I plan to resign sometime next week (was told I'd know on Friday if I was being fired or not).

I was wondering about the law in Korea and whether its possible for me to not give the full amount of notice stated in my contract and what happens if you don't work it out. Are we forced to work out our notice or can we say, "I'm resigning and my last day will be this date."?

And will they pay me for the last days I work, or is it usual for them to just pocket the money (since I will be breaking the contract)?

I asked for a day off in Dec (was told to talk about it next week ... fml), but with the way things are now, there is no way they'd let me take a day off. :/
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Thu Nov 15, 2012 3:42 pm    Post subject: Reply with quote

1) it's better to be fired. MUCH better. Your school must give you 30-days notice and a written dismissal notice. With these, you can get a D10 and transfer your visa.

2) You should give advance notice, but whether you do or not your employer is required to pay you, in full, for each hour that you work. If they choose not to, you do have recourse at the labor board.

3) I'd be surprised if your school fired you over two students. You're expensive to replace. Either they already have someone on hold, or you've messed up before.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Nov 15, 2012 5:00 pm    Post subject: Reply with quote

Not quite.

IF you have been there for less than 6 months then, under labor law, you are considered to be a "probationary" employee and can be let go for managerial reasons without notice.

Get your termination in writing. With it you can transfer to a new job or get a D10 (looking for work visa).

Without it you will have problems getting a new job without the hassle of getting new documents and a double visa run (one to cancel your current status of sojourn and again after you find a new job to obtain a new E2).

Getting paid = you are legally entitled to all of your pay but hagwons have a bad habit of finding numerous "deductions" that somehow are about the same as the wages you are owed. It is illegal and if you take it to the labor board you will usually win and get your money but the process is not fast.

.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Nov 15, 2012 7:43 pm    Post subject: Reply with quote

Quote:
1) it's better to be fired. MUCH better. Your school must give you 30-days notice and a written dismissal notice. With these, you can get a D10 and transfer your visa.


If you want to take legal action and are up to waiting for that system work its magic, then fight for the 30 day notice.

However, I have found agreeing to be the one to leave gives you upfront cash and allows you to move on. They feel like they saved face, and you can be more assured you will get something without a big legal fight dragging on.

The one big exception to all this is the D10. If it is the miracle cure, then ignore what I said and get that. I haven't seen enough people with actual experience in getting the D10 to place all my bets on it yet.
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Hugo85



Joined: 27 Aug 2010

PostPosted: Fri Nov 16, 2012 3:49 am    Post subject: Re: so I'm probably going to be fired next week ... Reply with quote

miwi wrote:
\Basically the parents of two of my students are pissed off and can't accept some things about their kids. They had my Korean co-teacher fired a couple of days ago, (the second Korean teacher the same parents have had fired this year) and now they want to fire me.


Your school will fire 3 people over one kid?
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miwi



Joined: 13 Jun 2012

PostPosted: Fri Nov 16, 2012 3:55 am    Post subject: Reply with quote

@ S.tickbeat the reason I'd be fired over two students, is because one of the mothers carries a lot of weight. And she has three children at the school, so she wouldn't just take the girl out of my class but pull all three of her kids from the school.

@ YTMND by that do you mean if I resign they'll actually pay me and it will work out better?

I think they want me to resign tbh, because it's better for them if I resign (my contract states if I resign I need to reimburse them for a bunch of things).

We had an open day recently, (it was my first one ever) and the night before the open day the bosses sat me down and started to criticise and lecture me. Is this common (I mean to criticize you the night before a big event?)

I've recently felt as if they are trying to make things uncomfortable and difficult for me. And they have passed on comments to the Korean teacher that I'm friendly with, "we think she should resign/leave".

They don't like the way I teach, although they waited for the night before the open day to tell me this.

I'm just going to wait and see what happens, I can be incredibly stubborn. And if I think they want me to resign I'm not going to resign (or not until I find another job).
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miwi



Joined: 13 Jun 2012

PostPosted: Fri Nov 16, 2012 3:58 am    Post subject: Re: so I'm probably going to be fired next week ... Reply with quote

Hugo85 wrote:
miwi wrote:
\Basically the parents of two of my students are pissed off and can't accept some things about their kids. They had my Korean co-teacher fired a couple of days ago, (the second Korean teacher the same parents have had fired this year) and now they want to fire me.


Your school will fire 3 people over one kid?


Possibly. Pretty fucked up right? It's not just one kid, because she has two sisters. So a teacher for each student? Smile
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young_clinton



Joined: 09 Sep 2009

PostPosted: Fri Nov 16, 2012 6:21 am    Post subject: Re: so I'm probably going to be fired next week ... Reply with quote

miwi wrote:
Ugh I've tried to post three times now.

Basically the parents of two of my students are pissed off and can't accept some things about their kids. They had my Korean co-teacher fired a couple of days ago, (the second Korean teacher the same parents have had fired this year) and now they want to fire me.


If they are firing every teacher they hire simply because of two parents go see a lawyer period. Get another job if you have to, but get a lawyer and go after the school and maybe the parents in court. Also try to get documentation. If you are a decent teacher and are doing a decent job get a video of you teaching your class. The court can at least see how the kids are behaving and acting.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Nov 16, 2012 7:48 am    Post subject: Reply with quote

Quote:
@ YTMND by that do you mean if I resign they'll actually pay me and it will work out better?


From what I have gone through, yes. If you see a bargain, you are more likely to buy into it than pay extra otherwise. Minimize your loss, figure the threshold point, and then offer just under it.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Nov 16, 2012 4:05 pm    Post subject: Reply with quote

ttompatz wrote:

Get your termination in writing. With it you can transfer to a new job or get a D10 (looking for work visa).

.


Can you verify that? I've never met anyone who has been able to do that. I also called immigration and they said that you'd need a release letter in which the employer says that it's ok to transfer the visa to another employer.
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PRagic



Joined: 24 Feb 2006

PostPosted: Sat Nov 17, 2012 1:54 pm    Post subject: Reply with quote

DO NOT quit and DO NOT resign! Let them fire you, get your transition visa and any and all final pay, and move on.
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JustinC



Joined: 10 Mar 2012
Location: We Are The World!

PostPosted: Sat Nov 17, 2012 10:04 pm    Post subject: Reply with quote

miwi if you resign, get a good LOR, recommendation letter, help with transferring your visa to a new employer, but a bit less cash in the long run it'd be better than staying in a job where you're unhappy and finally getting fired with no goodwill.

You could approach your employer tomorrow and say that you understand there's a problem with the parents and you're willing to make it go away as soon as possible, if they're willing to help your transition to a new job. If you prepare to leave on good terms your employer will be able to help you out a lot more than if you go alone.

But, that's just my opinion. If you want to change the parents' minds then go for it.
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happiness



Joined: 04 Sep 2010

PostPosted: Mon Nov 19, 2012 5:32 pm    Post subject: Reply with quote

PRagic wrote:
DO NOT quit and DO NOT resign! Let them fire you, get your transition visa and any and all final pay, and move on.


yes
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young_clinton



Joined: 09 Sep 2009

PostPosted: Tue Nov 20, 2012 9:07 am    Post subject: Reply with quote

JustinC wrote:
miwi if you resign, get a good LOR, recommendation letter, help with transferring your visa to a new employer, but a bit less cash in the long run it'd be better than staying in a job where you're unhappy and finally getting fired with no goodwill.



Lots of luck, you need to get the Letter of Release and Recommedation Letter before you resign. Even then they might call the individual to confirm the letter of recommendation and the person might flake out (although I've gotten jobs where they didn't take the time to confirm). Somebody who is trash knows no bounds in doing anything they want with people.
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Gorf



Joined: 25 Jun 2011

PostPosted: Tue Nov 20, 2012 7:51 pm    Post subject: Reply with quote

I faced the exact same issue with my first job. After 4 months, the horrible parents of the horrible kids complained that little Kim didn't do his English homework, had too much homework, the classes were boring, had too many games, spent too much time checking homework, didn't check the homework thoroughly enough, I favored the girls, I favored the boys, I favored the smart kids, the dumb kids got all the attention and the smart ones were bored etc. etc.

Basically I got a few complaints, and I knew the hammer was about to fall. I basically shushed up, and they simply asked me to resign and not come back, I told them it would be fine (I knew about the law and the 30 days thing, which would have parents pull their kids out if they had another awful teacher like me) so to save their bankroll, they gave me a letter of release.

Truth be told, it was great being fired, because the same day they told me they wants me to quit/were firing me, I signed a new contract with a school that had better hours, conditions, and pay. Hopefully your situation will work out the same way.
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