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my school's going under.. no severance pay?

 
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treeplanter



Joined: 01 Jul 2003

PostPosted: Sat Aug 16, 2003 6:22 pm    Post subject: my school's going under.. no severance pay? Reply with quote

So.... I never thought this would happen to me.. but it did. My school's going under..and closing at the end of this month! I've about three months left to finish my contract, and when I asked my boss to pay me the severance pay and the airfare back, she said she'd CONSIDER it. I feel for the owner and the school-she's a great person, and has been an easy boss to work for- but I can't help but feel bitter about the whole situation. The school's fairly new(opened last December) and small, and I'm the only foreign teacher there, and since this is the first school she's opened, she doesn't really know what to do with me. Has anyone gone through this and know what her legal obligations are? We're still on good terms and I do not want to have to take legal actions against her, but if she denies the pay, I need to know what I can do.
Thanks in advance for any helpful tips.
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Gord



Joined: 25 Feb 2003

PostPosted: Sat Aug 16, 2003 8:32 pm    Post subject: Re: my school's going under.. no severance pay? Reply with quote

treeplanter wrote:
Has anyone gone through this and know what her legal obligations are? We're still on good terms and I do not want to have to take legal actions against her, but if she denies the pay, I need to know what I can do.


She has to give you thirty days notice about terminating your contract, or whatever arrangements you made in your contract. So if she told you on the 16th that your last day is the 30th, you get to work for two weeks and then get two weeks salary on top of that.

And that's it.

Anything she chooses to give you above and beyond that is not required. Return airfare and severence pay are contingent on finishing a one year contract which did not happen.

Personally, I would get on finding another job. You're already in Korea so you can check out the schools before you go. As the school won't have to pony up for airfare to get you here, you can negociate for a higher salary. TAKE THAT LEMON AND MAKE SOME SWEET, SWEET LEMONADE.
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rapier



Joined: 16 Feb 2003

PostPosted: Sat Aug 16, 2003 9:47 pm    Post subject: Reply with quote

Treeplanter: my school went under last year after I'd done 10 months of my contract. In my case, I asked for a % of my bonus corresponding to 10 months work, which they gave me.So, instead of getting 2M bonus for a year, I got 1.7. I think thats fair...
You could at least ask for a 4- month bonus I guess.
Legally i think they're obliged to give you your entire bonus, as you were prepared to finish your contract. However there is usually nothing in the contract about what happens if the school closes....
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Mankind



Joined: 18 Jan 2003

PostPosted: Sun Aug 17, 2003 4:12 am    Post subject: Reply with quote

I think is correct, but you should call the labour board to confirm.

You maybe able to sue to get the a portion of the bonus.
If the Hogwan has 5 or less, employees, that is your only option.
If it is over 5, it depends on how it was listed. If it is incorporated, than you likely can get squat. If it was made as a privately owned company, than you can sue into your owners personal assests to get monies owed.

It all depends on whether or not they consider the bonus as something you should be paid, regardless of bankruptcy. I don't think they do. So I think your SOL legally. However you maybe able to bluff your way and get a % of it, after talking 1 on 1 with your owner.

HAND Smile
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rapier



Joined: 16 Feb 2003

PostPosted: Sun Aug 17, 2003 4:52 pm    Post subject: Reply with quote

As Mankind says it depends whats written in your contract. This is the basis for any legal approach you may take. i'd advise against the drawn out quagmire of a court action- far more trouble than its worth for the sake of what might only be small change.
The 1:1 approach is probably the best way- negociate with your boss in a relaxed and positive way..making demands will just land you in a no-win situation...you should be able to arrive at some form of compensation, even if its only a 4-month type bonus of 400.000 or whatever...
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The Great Wall of Whiner



Joined: 24 Jan 2003
Location: Middle Land

PostPosted: Wed Aug 20, 2003 2:24 am    Post subject: Reply with quote

I'm going to go out on a limb here and disagree with Gord.


The school signed an agreement with the government that if and when you are finished working with the school (contract completed or not), that the school will not leave you stranded in Korea. Korea does not want the risk of having illegal workers here, and that is the main reason for that clause.

As for severance: yes, 30 days notice and 30 days pay. The "bonus" is only upon completion of a one-year contract.
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rapier



Joined: 16 Feb 2003

PostPosted: Wed Aug 20, 2003 5:17 am    Post subject: Reply with quote

Wall of whiner: Its not her fault that she's not completing a full year, its theirs. She was available to work a full year, and thats the contract they offered her. The fact that they're closing is a breach of the contract on their part, in effect. They should pay her a proportionate bonus, or some form of compensation, - as they did me.
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rapier



Joined: 16 Feb 2003

PostPosted: Wed Aug 20, 2003 5:18 am    Post subject: Reply with quote

uhh, that is, if treeplanter is a "she", not a "he'.
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itchy



Joined: 28 Jan 2003
Location: Busan

PostPosted: Fri Aug 22, 2003 1:08 pm    Post subject: Re: my school's going under.. no severance pay? Reply with quote

909

Last edited by itchy on Mon Jun 05, 2006 2:56 pm; edited 1 time in total
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treeplanter



Joined: 01 Jul 2003

PostPosted: Sat Aug 23, 2003 2:31 pm    Post subject: Reply with quote

rapier wrote:
uhh, that is, if treeplanter is a "she", not a "he'.


It's a "she".
Thanks everyone for the comments.
I asked my boss to pay me 9/12 of the contract, and she said she'd think about it, but she's been avoiding me after the talk..so I"m not sure if I'll get it. It really is amazing how people change when they are going through problems.
Another thing that I didn't mention and am peeved about is the fact that we had a meeting about her financial problems three months ago, and she took 10% off my paycheck(which was a raise I asked for at the begining of the contract), and she promised to pay me back when the schools picks up on more students. I agreed to it, stupid me, instead of finding another job and switching to another school, because I really liked the people I was working with, and also I was thinking about the severance pay and the airfare back. I'm kicking myself for not being more cold and calculative about it. I thought we had a "special" relationship..and that it was more than just a boss/employee relationship.. but i guess i thought wrong. I know she's going through a lot, but I also know that the school's owned by her and her brothers who are filthy rich, and that the money I'm asking for probably means a lot more to me than her and her borthers.
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