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Can you be fired because of your past?

 
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DanielP



Joined: 25 Nov 2006

PostPosted: Wed Jul 04, 2007 5:45 pm    Post subject: Can you be fired because of your past? Reply with quote

Hey guys,
I would appreciate some advice here. I have a friend who currently works for YBM and is happy there.

One day she was summoned by her manager because the manager found out that my friend had, before ever coming to Korea, filed a police report against someone.

The manager threatenned my friend with being fired because there was such a thing on my friend's record. In other words, the manager saw that my friend's name was connected with a police report, and without asking questions, told my friend that YBM (wherever she is) "doesn't hire that kind of people".


Frustrated, my friend tried to explain how it wasn't on her, but that she filed it on someone. My friend is really cool, and when she filed the police report, she was really in a traumatic state. Imagine having to go back to that part of your history and re-explain everything to a person who won't hear it.

My friend now doesn't know what to do. I told her that she' always welcome to come to my place should they fire her, and that she can prolly pick up a job easy.

The thing is, can you get fired because of a police record (criminal record)? I have a friend who has a criminal record and is still working here. What would you recommend my friend do?

Thanks in advance!

Daniel
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Jul 04, 2007 5:49 pm    Post subject: Reply with quote

How many months has your friend been working at YBM?
This is something that should be taken to the labor board.
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DanielP



Joined: 25 Nov 2006

PostPosted: Wed Jul 04, 2007 5:51 pm    Post subject: Reply with quote

Hey The Eye,
She's been here for only 4 months now and doesn't know much about how things work around here.

Would you recommend she takes it to the labor board?

Daniel
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Jul 04, 2007 5:54 pm    Post subject: Reply with quote

If he is threatening to fire her over that, yes.
www.molab.go.kr
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DanielP



Joined: 25 Nov 2006

PostPosted: Wed Jul 04, 2007 5:57 pm    Post subject: Reply with quote

Thanks the Eye. I'll let her know and help her out.

SHould she go in for another job, and they ask her "why" she was let go from her previous job, should she tell about the record? Or can she just say that they didn't see eye to eye? Or perhaps they don't even ask or care? I m also asking because I'm still a newb here in Korea myself, and am genuinely curious.

Thanks man

Daniel
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Jul 04, 2007 5:58 pm    Post subject: Reply with quote

Perhaps that 4 months would better be flushed off the resume.
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Fresh Prince



Joined: 05 Dec 2006
Location: The glorious nation of Korea

PostPosted: Wed Jul 04, 2007 5:59 pm    Post subject: Re: Can you be fired because of your past? Reply with quote

DanielP wrote:

I would appreciate some advice here. I have a friend who currently works for YBM and is happy there.

One day she was summoned by her manager because the manager found out that my friend had, before ever coming to Korea, filed a police report against someone.

The manager threatenned my friend with being fired because there was such a thing on my friend's record. In other words, the manager saw that my friend's name was connected with a police report, and without asking questions, told my friend that YBM (wherever she is) "doesn't hire that kind of people".


I've never met anyone that has been fired for having a criminal record. In fact, I've never even heard of anyone being asked if they have a criminal record.

How is the relationship between your friend and the manager? Are they happy with your friend's teaching or are they trying to make her quit so they can get a different foreign teacher?
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DanielP



Joined: 25 Nov 2006

PostPosted: Wed Jul 04, 2007 6:02 pm    Post subject: Reply with quote

Thanks The Eye, I appreciate that. Thanks for the website too.

Fresh Prince, you know, I'm not sure. I need to ask her about that because that may be playing a big part about it.

Personally, I just think that they are trying to give her a scare, but what a fucked up thing to do. I mean, the reason why she put that police report really traumatised her. To go through that shit again because of some bluffing manager is ridiculous.

*sigh* yeah, I'm going to talk to her later today, and see how that relationship is, and if they are happy with her.

Daniel
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Jul 04, 2007 6:07 pm    Post subject: Reply with quote

Yeah. If the boss is old school, he's going to hang that over her head.

If there's one thing i've learned here, it's being pro-active with situations like that.
This needs to be documented with the labor board.
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buymybook



Joined: 21 Feb 2005
Location: Telluride

PostPosted: Wed Jul 04, 2007 7:04 pm    Post subject: Reply with quote

According to labor law they can't fire her, but they may not renew another contract. How stupid!

How in the H*** did they find out that she filed a police report in another country? Did she tell one of her co-workers?

You can't trust your foreign co-workers!
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Wed Jul 04, 2007 7:59 pm    Post subject: Reply with quote

Well, before running to the labor board, I'd be making damn sure they understand that it was your friend that filed the report. Then if they're still acting a little funny, she should threaten them with the labor board.

What they're doing is way out of line.
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yawarakaijin



Joined: 08 Aug 2006

PostPosted: Wed Jul 04, 2007 8:20 pm    Post subject: Reply with quote

Forgive me for saying so but this sounds a little strange even for Korea. She is being threatened with dismissal because she filed a report ON SOMEONE ELSE!?

The boss must have misunderstood what was going on. If he did understand and he is still being a jerk to your friend...I would say something else is going on.
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DanielP



Joined: 25 Nov 2006

PostPosted: Wed Jul 04, 2007 9:05 pm    Post subject: Reply with quote

Hey guys,
yeah she filed a report on someone else in a foreign country. Yeah, the boss is being a jerk. I'm not sure how the boss found out. They did some extra research on her (maybe at random) and found that stuff out.

I'm going to let her know what her options are, and see what happens. For sure I'll post about it.


Daniel
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oldfatfarang



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Thu Jul 05, 2007 2:51 am    Post subject: Reply with quote

YBM is a chain school and well versed in exploiting Western teachers. Sounds like the typical Korean management tactic. Never praise workers, always denigrate their work, qualifications, accent, outside work behavior etc.

Korean managers use denigration as a staff control technique. They believe that criticising workers keeps them in line and working harder. It might work for Korean staff, but just leaves Westerners either confused (like your friend) or really angry. Likely enough there is no logic (or valid reason) for the criticism.

Also, 4 months into the contract. Perfect timing for them to pressure your friend out - and have her pay her airfare back.

Tell your friend to just smile and keep teaching. Just keep smiling at the boss. If he fires her - then she has redress at the Labor Board. Just keep smiling. Everyone is smiling. Oh we're all so happy - we're all smiling at YBM.
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Trevor



Joined: 16 Nov 2005

PostPosted: Thu Jul 05, 2007 3:52 am    Post subject: Re: Can you be fired because of your past? Reply with quote

I can tell you with one hundred percent certainty that you will not have a record for filing a police report against someone else in the United States.

I smell a rat in this story and I smell it bad.



DanielP wrote:
Hey guys,
I would appreciate some advice here. I have a friend who currently works for YBM and is happy there.

One day she was summoned by her manager because the manager found out that my friend had, before ever coming to Korea, filed a police report against someone.

The manager threatenned my friend with being fired because there was such a thing on my friend's record. In other words, the manager saw that my friend's name was connected with a police report, and without asking questions, told my friend that YBM (wherever she is) "doesn't hire that kind of people".


Frustrated, my friend tried to explain how it wasn't on her, but that she filed it on someone. My friend is really cool, and when she filed the police report, she was really in a traumatic state. Imagine having to go back to that part of your history and re-explain everything to a person who won't hear it.

My friend now doesn't know what to do. I told her that she' always welcome to come to my place should they fire her, and that she can prolly pick up a job easy.

The thing is, can you get fired because of a police record (criminal record)? I have a friend who has a criminal record and is still working here. What would you recommend my friend do?

Thanks in advance!

Daniel
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