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mamaille
Joined: 14 Jun 2006
Location: seoul- close to olympic park
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 Posted: Mon Mar 19, 2007 11:04 pm Post subject: What should I do about Letter of Release and crooked hagwon? |
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Here is the situation
My school was sold 3 months within my contract. The new director is either rediculously incompetent or just crooked. Apparently when businesses are sold, the new owner has to change your visa over to their names/business. I found out he never did that when we went to immigration to get me released from his contract after he unfairly dismissed me on the 12th. He left after he handed in the paperwork and before I found this out. Basically I've been working there illegally and he has to pay a fine. All of a sudden he doesn't have time to go back and won't even talk to me about handling this matter. Some people have told me that I've been here illegally since my school was sold back in December and can get deported. I don't think that's the case because I was just at immigration and they didnt say anything about that. I also left the country and came back in with no problems in mid February
On top of all this, he owes me money for the days I worked this month and he wants to take rent out of it because I refused to go back to teach for him when the new teacher didn't show. This is after he told me I had until the end of month to move out. I moved out last saturday and just want this to be over with.
What are my options with the letter of release?
What can I do about about the money that he owes me?
I'm so stressed out right now and just want to go home.
I appreciate your help. Thanks |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Mon Mar 19, 2007 11:15 pm Post subject: |
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Dam......now that sucks.
Ok....with something like that, you may not have any trouble just applying for another job. It seems that the guy can't, or won't give you a letter of release because you were working there illegally, as you said.
Well, I would go to the Labor Board, and let them know what is going on.
That would be an important thing to do.
How much money are you owed? Well, it may be wise to just kiss it goodbye, and start over. However, if the Labor Board suggests that you take action, then do it. Get something in writing from the Labor Board, so you can show it to a potential employer (which will definately help your chances) AND....take it to immigration.
Go to immigration. Dress up, look good......be patient with them. Bring ALL of your documents and just present it to them. But, if you have a Korean friend, ask him/her to go...............
Best of luck. Try not to worry.......the chances of you getting another job with out a release letter are above average.......especially in this type of situation.
dmbfan |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Mar 19, 2007 11:34 pm Post subject: |
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| dmbfan wrote: |
Dam......now that sucks.
Ok....with something like that, you may not have any trouble just applying for another job. It seems that the guy can't, or won't give you a letter of release because you were working there illegally, as you said.
Well, I would go to the Labor Board, and let them know what is going on.
That would be an important thing to do.
How much money are you owed? Well, it may be wise to just kiss it goodbye, and start over. However, if the Labor Board suggests that you take action, then do it. Get something in writing from the Labor Board, so you can show it to a potential employer (which will definately help your chances) AND....take it to immigration.
Go to immigration. Dress up, look good......be patient with them. Bring ALL of your documents and just present it to them. But, if you have a Korean friend, ask him/her to go...............
Best of luck. Try not to worry.......the chances of you getting another job with out a release letter are above average.......especially in this type of situation.
dmbfan |
The OP was working illegally...and you say "Go to immigration"? I'd just cut my losses at this point, since I don't see the point in risking fines and being deported. Do you think they will care two hoots about the OP not knowing. Ignorance of the law is not a valid excuse in ANY country.
Sorry to be so blunt but that is bad advice. Immigration is really cracking down on illegal teachers these days and to walk in and admit that is sticking your head in the lions' den. |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Mon Mar 19, 2007 11:47 pm Post subject: |
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The OP was working illegally...and you say "Go to immigration"? I'd just cut my losses at this point, since I don't see the point in risking fines and being deported. Do you think they will care two hoots about the OP not knowing. Ignorance of the law is not a valid excuse in ANY country.
Sorry to be so blunt but that is bad advice. Immigration is really cracking down on illegal teachers these days and to walk in and admit that is sticking your head in the lions' den. |
Riiiiigghhhht..........and if and when he decideds to leave, the won't check his/her passport at the airport, right? Then, it looks even worse.
O.P. If you get deported, then you get deported. This is not really your fault, and don't let any ESL armchair general tell you otherwise. Your former employer fucked you over.
You WILL visit immigration.......either now, or later. I would do it now, and take and see what happens. It is better than playing the waiting game, and stressing out about it. Also, this is a different kind of situation, and immigration has been known to be cool about a few things.........(from personal experience).....
Put on the suit, comb your hair, get all of your documents together, call a Korean friend (if you have one).................and to to the Labor Board AND Immigration.
Good luck.
dmbfan |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Tue Mar 20, 2007 1:19 am Post subject: |
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If you go to immigration ASAP and tell them what happened, you have a chance to sort it out.
It may be embarrassing, but that's the best course of action.
Do you have all of your documents? |
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Pak Yu Man
Joined: 02 Jun 2005
Location: The Ida galaxy
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| Posted: Tue Mar 20, 2007 6:58 am Post subject: |
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Isn't there a forgiveness period? I heard, it may be true or not, that if you turn yourself in immigration will go easy on you. If you have proof you were hired legally and you can get a visa in the future then imigration would be stupid to deport you. We all know immigration is never stoopid, right  |
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mamaille
Joined: 14 Jun 2006
Location: seoul- close to olympic park
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| Posted: Tue Mar 20, 2007 7:25 am Post subject: |
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Yes, I have all my documents. I jut found this out on Friday when I went with to immigration with my old employer to get a release. They just told me that he had to come back to give more information and pay a fine. They didn't act like I was in the wrong. Now that he won't cooperate, I'm trying to see if I can take care of this on my own. Immigration should be going after him. Not me.
You guys think this is something I can take care of on my own with immigration?
How long is the grace period anyway?
Thanks. |
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plokiju
Joined: 15 Mar 2005
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| Posted: Tue Mar 20, 2007 7:26 am Post subject: |
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It seems to me that you shouldn't need the letter of release since he already took you down to immigration to get you released from the contract. Mind you the contract wasn't in his name so you may need to track down your last employer.
I don't think immigration would bother trying to do anything to you, deport you, fine you, etc.. While technically it was your responsibility to have the visa transferred over, I'm sure immigration would see that your boss was much more responsible than you. They've already fined him and not you as you've mentioned. They're likely to be sympathetic to you especially if they didn't think to mention it earlier. You've also left the country thereby invalidating your visa so you aren't here illegally now. You just wouldn't be able to be issued a new visa without being released from your first. You'd have to ask immigration about that. If you really do want to go home you don't need a letter.
As far as the money goes, I don't know if the labour board can do anything since you weren't working legally. Give them a call and see what your options are. Otherwise, you may have to accept his terms to getting your money and take what you can get. Sorry. |
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canuckistan
Mod Team
Joined: 17 Jun 2003
Location: Training future GS competitors.....
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| Posted: Tue Mar 20, 2007 7:46 am Post subject: |
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| wylies99 wrote: |
If you go to immigration ASAP and tell them what happened, you have a chance to sort it out.
It may be embarrassing, but that's the best course of action.
Do you have all of your documents? |
I agree with this and the other recommendations to go to immigration and the labour board--look professional, be humble, and explain. They aren't always heartless in these cases and your new boss will have to answer for failing to do what he was supposed to do within the time limit. If you have a previously clean record at immigration I seriously doubt you'll be deported. I'd tell immi if you had known your new boss was supposed to go to immigration with you to change your visa over, you would have insisted he do so. There is an argument to be made that you could not possibly know all the visa intricacies of what a boss is or isn't supposed to do when a hagwon is sold while you're under contract--my experience is bosses don't exactly keep their foreign employees in the info loop when things like that happen. The onus was on him to do this, not on you to know about it or remind him.
I suspect a lot of new owners are happy to keep old employees in this "grey area" as they effectively fall off the books when the haggie is sold ie: taxes to the gov't etc yet they continue to work in the same haggie.
Failing to change over your visa also allows new bosses to tell you "sorry, you made THAT deal with the old owners" when you finish the contract and it comes time to pay severance, flight etc etc--I've gotten that one.
Did your hagwon change owners while you were still under contract and working there? Insist they go to immigration to have their name put on your work visa (quickly), and sign a new contract with them respecting the conditions in your old one. Don't just take their word for it they will. |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Tue Mar 20, 2007 3:02 pm Post subject: |
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Did your hagwon change owners while you were still under contract and working there? Insist they go to immigration to have their name put on your work visa (quickly), and sign a new contract with them respecting the conditions in your old one. Don't just take their word for it they will.
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If they refuse to go, tell immigration that you tried to get them to come with you to straighten this out, and they refused. Chances are, immigration will be angry with THEM, not YOU. |
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yawarakaijin
Joined: 08 Aug 2006
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| Posted: Tue Mar 20, 2007 6:44 pm Post subject: |
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Man, I really can't fathom why anyone would chose to work in Korea. I'm in Japan currently but enjoy the Korean forums as I have friends there and they certainly are entertaining. It's all just too much though. I'm going on my 4th year in Japan and I have yet you come across ANYTHING along the lines of what you guys put up with over there. The only thing that is a hassle here is that universities usually ask you to "move on" after about three years.
My advice... Get ye to Japan  |
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mamaille
Joined: 14 Jun 2006
Location: seoul- close to olympic park
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| Posted: Wed Mar 21, 2007 1:22 am Post subject: |
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I'm going to immigration tomorrow to try to work this out. I have offers on the table and have lost some good ones because of this mess. I heard that once the business legally changes owners everything should transfer over automatically. I think there's more to the story than I know and that's why I had trouble at immigration with him. They tell me he should be able to write a letter of release and my new director can take that to immigration. Is that all the letter of release is? Does that mean he didn't even need to go to immigration with me? The problem with that is he doesn't want to take anyone's word for the letter of release and won't just write it so we can both move on with our lives.
I hear there's another more difficult way to get a release. Does anyone know what it is?
Where is the labor board located?
Thanks |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Wed Mar 21, 2007 7:41 am Post subject: |
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Look on "FAQ" forum
Many answers on this board, too-
http://www.efl-law.com/forum/
Immigration is your most pressing problem- start there. |
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willneverteachagain
Joined: 17 Dec 2006
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| Posted: Wed Mar 21, 2007 2:00 pm Post subject: |
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| I'd just cut my losses at this point |
this isnt' advise, i wish u retards would stop telling people to do this.
this doesnt help the OP at all
why in the hell should he cut his losses when none of this is his fault?
This is way korean's treat us like shit, because they know they can get away with it because the stupid foreigner will cut his losses |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Wed Mar 21, 2007 4:20 pm Post subject: |
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| Exactly. They count on us just leaving instead of staying to take them on in the legal system. |
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