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Money Troubles Re: Severence

 
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RedRob



Joined: 07 Jul 2003
Location: Narnia

PostPosted: Mon Oct 13, 2003 4:14 pm    Post subject: Money Troubles Re: Severence Reply with quote

Here's the deal, the school has gone a ss up, gone from 2 westerners to me, now I've just been traded in for a gyopo (with a weeks notice-nice)


When I signed up about 4 months ago, the owner offered to tack on my severence pay to my regular pay, like 1/12th of my salary extra per month and no severence at the end. The reason being that the boss stated that he might not be able to afford to pay me the double whack at the end of the year.

Why warning bells didn't go off then is beyond me, not paying attention I guess.

Here's my gripe, the man is coming down with a bunch of silly figures as you might expect for unpaid bills etc, which I expected, so I'm not too flustered 'bout dat.

But he wants me to pay back all of those 1/12ths (X4)
as I didn't complete the contract. My beef is that I'm not quitting, the school has just run outta steam and I think that I should get 4/12ths of my severence pay 'cos I was there for 4/12ths of a year, and if the school hadn't gone bust I would have gladly completed my time. I really like(d)
it here.

They are going to shut it down and open it up again in a different name, on a smaller scale with only Korean staff.

Am I being greedy?

What do you guys reckon?
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Howard Roark



Joined: 02 Feb 2003
Location: Canada

PostPosted: Mon Oct 13, 2003 4:30 pm    Post subject: Reply with quote

You want my opinion? No, you're not being greedy.

You want my advice? Call the experts:

www.efl-law.com
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Mon Oct 13, 2003 5:21 pm    Post subject: Reply with quote

Howard Roark wrote:
You want my opinion? No, you're not being greedy.

You want my advice? Call the experts:

www.efl-law.com


HR is right about calling EFL-Law, of course.

Not only shouldn't you have to pay anything back to him since he's firing you, but he probably also owes you an extra 30 days pay for firing you with less than 30 day's notice.
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RedRob



Joined: 07 Jul 2003
Location: Narnia

PostPosted: Mon Oct 13, 2003 5:34 pm    Post subject: Reply with quote

Here's the icing on the ddong pie, I have scored a neat little job at Myongi College 3 mornings a week,7.30 to 8.30am w 40000 an hour , just under an extra 500000 a month, but I will have to move outta the area and lose it.

The job comes with an unwritten agreement that if you do every morning, and don't goof up, you will be at the top of the pile when full-time applications are held in March. The full time job has the same benefits as a uni job.

I need help filling this spot by Friday, so if you want a toe in the door to a sweet number PM me and I'll arrange an interview.

We are probably going to move to the country. I figure people will try and shaft you whereever you work, so you might as well do it somewhere with clean air.
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gajackson1



Joined: 27 Jan 2003
Location: Casa Chil, Sungai Besar, Sultanate of Brunei

PostPosted: Mon Oct 13, 2003 8:11 pm    Post subject: Reply with quote

Howard & Son are both right about this one (also about the 30-day notice); sorry to hear about your situation, & know that it must be crushing for your boss as well. Understand that you are BOTH trying to cover yourselves here.

You can try to sort things out with your boss first, maybe through a Korean friend to help you mediate? Then fall back on the legal end if you need to. To the best of my knowledge, he is also responsible for pension, even though the contract is unfinished/broken - that could be a bargaining chip where the severance is concerned.

As for Myon-gi, you may want to let people know where that is in Narnia Wink

Good luck,

G.
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Mankind



Joined: 18 Jan 2003

PostPosted: Wed Oct 15, 2003 6:45 am    Post subject: Reply with quote

Quote:
owes you an extra 30 days pay for firing you with less than 30 day's notice


Wrong, wrong wrong. He's owed nothing at all. He only worked 4 months. The owner has no finacial obligation to him at all.
If the owner wants his 600,000 back though, let him sue you for it (thats the only way he can force you). Don't give it away. Tell him to pay the Kyopo less and get it back that way. Oh wait, that's what he's already done.

HAND Smile
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Basil Brush



Joined: 13 Apr 2003

PostPosted: Wed Oct 15, 2003 7:49 am    Post subject: Getting the push. Reply with quote

You can go to EFL-Law. They will say go to a lawyer. They may also say let the Labor Office do the donkey work first. Why not? You have a case, irrespective of the 6 month 'stipulation'.

The Labor Office are not very consistent, but if you know that you can sue your last employer, you'll get through the problems. EFL Law suggest, via a lawyer, you can sue for the entire contract, assuming the owners have the money of course. I'm just about to see if the Labor Office's actions are as good as their words. I hope you do too.

If it's in your contract your school does have a legal obligation to give you 30 days notice. It's a Civil matter and as such, the labor office will not help you. Small claims is the answer to this problem...
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Saxiif



Joined: 15 May 2003
Location: Seongnam

PostPosted: Wed Oct 15, 2003 9:18 am    Post subject: Reply with quote

Quote:
Wrong, wrong wrong. He's owed nothing at all.

Hmmm, was under the impression that he was owned nothing if he quit but owed severance pay if let go.

In any case I'd take what you can get (the 4/12th) since if they're running out of money there might not be enough to go around...
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captain kirk



Joined: 29 Jan 2003

PostPosted: Wed Oct 15, 2003 9:28 am    Post subject: Reply with quote

"Why warning bells didn't go off then is beyond me, not paying attention I guess".

The 'not paying attention, I guess' part.

This is funny. It happened to me tonight. Today was my last day at work. I was expecting (from what I've read on here, 'spooky stories') to be short changed. And I was, but I didn't notice The boss had listed the expenses/deductions meticulously. I took issue with his deducting 12,000 won (yes, big deal) for a text and cassette set which I would have (but didn't ever) used (the curiculum was altered). It was six months ago that I touched that book, and never saw it again (I didn't lose it; the boss has it, probably). It must have been a 'cunning distraction'. Because while I was chest-beating about the unreasonableness of his deducting this paltry 12,000 won in such a petty fashion I wasn't looking at the total, minus his deductions, and doing the math. Out a little over 100,000 won, and getting a laugh out of it now (I 'magnanimously' granted that book cost deduction, finally; big of me Laughing
I'm joking here; I think it's part of 'Korean culture' for wonjonims to delight in mischeviously swindling foreign teachers by small amounts. Maybe they figure (part of it) you won't make a fuss and cause your superior to 'lose face' (as, in Korean culture, one would NEVER even think of causing a superior to lose face). Or that it's 'reasonable' to give and take, allow a little slack, because 'relationships are more important'.
I just think my boss is hilarious; what a 'scamp'! Ah, well, 'wonjonims will be wonjonims' Laughing So long my devoted pimp!
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Mankind



Joined: 18 Jan 2003

PostPosted: Wed Oct 15, 2003 8:23 pm    Post subject: Reply with quote

Quote:
Hmmm, was under the impression that he was owned nothing if he quit but owed severance pay if let go.


You are not owed severence unless you do the full 12 months. Whether you quit or are fired, makes no difference. The labor board will generally try to help you get some of it, if you're let go after month 10.

After 6 months, working, you are owed one month notice, before termination. If you don' get notice, they must still pay you for the time, none the less.

HAND Smile
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RedRob



Joined: 07 Jul 2003
Location: Narnia

PostPosted: Thu Oct 16, 2003 4:20 am    Post subject: Reply with quote

Hey Cap'n Kirk, when everyone was bragging about their chusok gifts, weren't you the guy whose gift was to be told; "Sorry We ain't gonna pay you?"
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