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makelliott
Joined: 05 Jan 2015
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Posted: Thu Jan 22, 2015 7:08 am Post subject: Fired! What next... |
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Currently, this is the situation. I did not believe my school to be a good fit (after dealing with a lot of deceit from my recruiter) and gave a formal letter of resignation December 30th, 2014. Fast forward, I agreed to give my school time to find a new instructor, stay until the end of term (end of February) and pay the airfare back. In order to obtain a release letter from them, they wanted me to 1.4 million won (only 689,000 of it was for airfare) and the rest was illegal according to the headquarters of CDI and the labor board. Tonight, they said that it was my last day teaching with no official notice.
To make a long story short, I am wondering if there is any legal advice that you may have. I have been told many different stories and will be speaking to the labor board tomorrow. Thank you in advance! |
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J Rock
Joined: 17 Jan 2009 Location: The center of the Earth, Suji
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Posted: Thu Jan 22, 2015 9:00 am Post subject: |
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I dont know what legal recourse you have but here's what I would do. March right back in there, grab the SOB director by the shirt, "say i'm not paying for airfare, and you're gonna pay me until the end of February!" "Plus you're going to take me out for a farewell dinner!"
As you walk away mutter, "I've killed a man for less..."
P.S. In reality I'd probably start crying and beg for my job and bitch about how I have no way of supporting my family. |
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kingplaya4
Joined: 14 May 2006
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Posted: Thu Jan 22, 2015 9:00 am Post subject: |
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From what I know about labor laws here, you don't have many rights if you were there less than six months. If you were there longer than six months, there is a class action against CDI that you might want to consider joining... If you were there awhile, I'd go back tomorrow and ask for a certificate of employment as well as a letter of recommendation. |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Jan 22, 2015 10:31 am Post subject: |
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CDI? Let me guess..."Independent contractor"? As an IC, you don't get fired; your services are simply no longer required. Technically, you're still employed by yourself.
I echo the advice above: look into joining the class action suit against CDI.
For anyone else: DON'T WORK FOR CDI! Better yet: DON'T SIGN ON AS AN IC! |
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ttompatz
Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu Jan 22, 2015 3:33 pm Post subject: Re: Fired! What next... |
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makelliott wrote: |
Currently, this is the situation. I did not believe my school to be a good fit (after dealing with a lot of deceit from my recruiter) and gave a formal letter of resignation December 30th, 2014. Fast forward, I agreed to give my school time to find a new instructor, stay until the end of term (end of February) and pay the airfare back. In order to obtain a release letter from them, they wanted me to 1.4 million won (only 689,000 of it was for airfare) and the rest was illegal according to the headquarters of CDI and the labor board. Tonight, they said that it was my last day teaching with no official notice.
To make a long story short, I am wondering if there is any legal advice that you may have. I have been told many different stories and will be speaking to the labor board tomorrow. Thank you in advance! |
The money issue:
It is illegal and if you can stay here AND if you take it to a labor tribunal AND if you can put up with the going around in circles you will eventually get your money.
If not then you will just kiss it goodbye as a learning experience.
As to the no-notification issue:
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
If you don't get a LOR (they are NOT legally required and not obligated to give you one) then you are headed for China, Taiwan or home.
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wooden nickels
Joined: 23 May 2010
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Posted: Thu Jan 22, 2015 7:00 pm Post subject: |
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It's about time we see a new post with someone asking about a CDI job position. Then, someone else will reply with how great their CDI position is. Then, someone else will reply with an every-branch-is-different response. Then, a recruiter will claim CDI has changed and no longer screws over its teachers. Then, a teacher who has been there for a couple of weeks will chime in with their 'why does CDI still use the old Independent Contractor scheme.' CDI = wash, rinse, repeat |
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Skippy
Joined: 18 Jan 2003 Location: Daejeon
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Posted: Thu Jan 22, 2015 8:07 pm Post subject: |
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wooden nickels wrote: |
It's about time we see a new post with someone asking about a CDI job position. Then, someone else will reply with how great their CDI position is. Then, someone else will reply with an every-branch-is-different response. Then, a recruiter will claim CDI has changed and no longer screws over its teachers. Then, a teacher who has been there for a couple of weeks will chime in with their 'why does CDI still use the old Independent Contractor scheme.' CDI = wash, rinse, repeat |
Real Life Chuckle.
You are preaching to the choir. |
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radish kimchi
Joined: 20 Mar 2014
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Posted: Thu Jan 22, 2015 8:53 pm Post subject: |
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I kinda feel left out, I never ordered the CDI special. Maybe I could be the replacement. |
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Troglodyte
Joined: 06 Dec 2009
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Posted: Fri Jan 23, 2015 12:35 am Post subject: Re: Fired! What next... |
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makelliott wrote: |
Currently, this is the situation. I did not believe my school to be a good fit (after dealing with a lot of deceit from my recruiter) and gave a formal letter of resignation December 30th, 2014. Fast forward, I agreed to give my school time to find a new instructor, stay until the end of term (end of February) and pay the airfare back. In order to obtain a release letter from them, they wanted me to 1.4 million won (only 689,000 of it was for airfare) and the rest was illegal according to the headquarters of CDI and the labor board. Tonight, they said that it was my last day teaching with no official notice.
To make a long story short, I am wondering if there is any legal advice that you may have. I have been told many different stories and will be speaking to the labor board tomorrow. Thank you in advance! |
If you have a spare set of visa documents then just leave after payday. When you get back on your new visa, if you haven't been paid money owed to you then just report your old employer to the LB. It's illegal for them to make deductions, even if you owe them money. The two debts are considered separate matters. If you really do owe them money then the court will probably say that the school can keep part of the money but not necessarily, particularly since they didn't go through the proper channels to get it. If the school has a past record then it will also help you. If nothing else, the school might pay up just to avoid having a record at the LB. In any case, a new set of documents (if you don't have them already) will cost you less than what your boss is asking. Keep in mind that even if you do pay up, there's no guarantee that they'll give you the LOR (or that it will be written in a form acceptable to immigration).
About being fired on the spot. In this case, you have a case at the LB. The school doesn't need to give you advanced notice, but they do need a justified reason. Since it's clear that you already resigned then the LB is likely to assume (and rightly so) that you were fired on the spot as retaliation for having quit or because you reported them to the LB. (You should stress to the LB that you were fired because you reported them and because you resigned with proper notice - the boss was insulted.) That's not a justified reason. In this case the LB will almost certainly give you their own equivalent of a letter of release that you can use at immigration to transfer your visa. |
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radish kimchi
Joined: 20 Mar 2014
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Posted: Fri Jan 23, 2015 1:02 am Post subject: |
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(You should stress to the LB that you were fired because you reported them and because you resigned with proper notice - the boss was insulted.) |
How do you propose to prove this? "I do declare your honor, my children haven't eaten in 2 days!!" |
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EZE
Joined: 05 May 2012
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Posted: Fri Jan 23, 2015 4:52 am Post subject: |
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Has CDI dethroned Wonderland as the dirtiest hagwon? If so, that's quite a feat. |
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motiontodismiss
Joined: 18 Dec 2011
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Posted: Fri Jan 23, 2015 5:05 am Post subject: Re: Fired! What next... |
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ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
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Probation is three months max. |
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beentheredonethat777
Joined: 27 Jul 2013 Location: AsiaHaven
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Posted: Fri Jan 23, 2015 5:48 am Post subject: Re: Fired! What next... |
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motiontodismiss wrote: |
ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
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Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
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Troglodyte
Joined: 06 Dec 2009
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Posted: Fri Jan 23, 2015 6:44 am Post subject: Re: Fired! What next... |
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beentheredonethat777 wrote: |
motiontodismiss wrote: |
ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
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Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
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Troglodyte
Joined: 06 Dec 2009
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Posted: Fri Jan 23, 2015 7:03 am Post subject: |
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radish kimchi wrote: |
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(You should stress to the LB that you were fired because you reported them and because you resigned with proper notice - the boss was insulted.) |
How do you propose to prove this? "I do declare your honor, my children haven't eaten in 2 days!!" |
You don't have to prove it, so to speak. You just have to convince the guy at the LB that it's probable. The LB isn't a court of law. Their main function is to protect workers. If it seems likely that you were treated wrongly (in particular, you were fired without justification) then they can give you a letter that you use at immigration to transfer your visa. This is totally up to the LB guy that you're dealing with. Usually the only "proof" that you'll need is to point out that just before getting fired you not only visited the LB but also you gave notice of resignation for February. |
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