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Need to break contract due to family emergency- but how?
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Dutchboy12



Joined: 04 Jan 2006

PostPosted: Sat Sep 08, 2007 1:44 am    Post subject: Need to break contract due to family emergency- but how? Reply with quote

My grandfather fell ill and to be fair to my employer I have given them three months notice, but my employer says my reason for quitting isn't valid. My reason I thought was quite valid. My grandfather is sick and may not make it through Christmas. They said Grandparents aren't immediate family, so I can only go if I find my own replacement!

My contract doesn't mention anything about family members being sick. What is the labour boards take on this?

The only other out would be leaving due to personal illness, but would need to find a doctor who would be willing to prove this.

Last option would be to run, but I don't want to do that. However if worse comes to worse, do I absolutely need a letter of release, and how long do I have to wait before returning to Korea? I've heard conflicting information about the length of time.

-Does it blacklist me with Immigration or only that particular school I worked for?

-Do I need an LOR to get a job with EPIK? I've heard you don't! Can anyone verify this?

Thanks!
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Hellsmk2



Joined: 04 Jul 2007

PostPosted: Sat Sep 08, 2007 1:49 am    Post subject: Reply with quote

I consider my Grandparents immediate family. Just tell them this and say you are leaving regardless. If they still won't budge, then just leave.

It's a job, not a prison sentence.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Sep 08, 2007 2:01 am    Post subject: Reply with quote

The vast majority of organizations I've encountered (such as the US government) do not consider a grandparent, unless in loco parentis, to be immediate family.

It is not your job to find your own replacement. That is obviously the whole reason for giving notice--so the employer has time to find someone to replace you. If you accept the idea that you must find your own replacement, the employer will make exactly zero effort to assist you. And then you will discover yourself stuck in a worse situation.

You are not pulling a runner if you leave at the end of your notice period. Contrary to how some people describe it, you are not breaking your contract. You are terminating it prior to the completion date. Additionally, you have complied with the termination clause(s) by informing your employer that you must leave by a certain date, you informed the employer earlier than the contract required, and you provided what you consider to be a valid reason: death in the family, although not immediate family.

Immigration (generally) requires you to have the Letter of Release if the actual completion date of your contract has not arrived. If you wish, you can take a copy of your resignation letter to Immigration for them to keep in your file as proof that you are not pulling a runner.

Apply for EPIK when things at home are settled or apply for an EFL job in a country with less stupid rules than here. If you go with the latter choice, you don't even have to worry about the effects of pulling a runner.

The idea of getting a doctor to falsify a medical report shouldn't even enter your mind, IMHO.


Last edited by CentralCali on Sat Sep 08, 2007 2:04 am; edited 2 times in total
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atomic42



Joined: 06 Jul 2007
Location: Gimhae

PostPosted: Sat Sep 08, 2007 2:01 am    Post subject: Reply with quote

Immediate Family: A term that is generally used to refer to the smallest unit of a family that an individual lives with, which usually includes a father, a mother and siblings.

You signed the contract and now you have to stick to it, same as your employer.
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VirginIslander



Joined: 24 May 2006
Location: Busan

PostPosted: Sat Sep 08, 2007 2:04 am    Post subject: Reply with quote

Quote:
Immediate Family: A term that is generally used to refer to the smallest unit of a family that an individual lives with, which usually includes a father, a mother and siblings.

You signed the contract and now you have to stick to it, same as your employer.


I hope you die alone.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Sep 08, 2007 2:05 am    Post subject: Reply with quote

I find it more productive for my mental health to pray for his or her enlightenment. It may be a vain effort but, then, one of my favorite novels is Don Quixote.
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atomic42



Joined: 06 Jul 2007
Location: Gimhae

PostPosted: Sat Sep 08, 2007 2:38 am    Post subject: Reply with quote

Your wishes and prayers are irrelevant, a contract is a contract.
Life is harsh, kids. Laughing
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Sep 08, 2007 3:53 am    Post subject: Reply with quote

atomic42 wrote:
Your wishes and prayers are irrelevant, a contract is a contract.
Life is harsh, kids. Laughing


Maturity isn't irrelevant, "kid." Perhaps you missed my point above about the OP actually isn't violating the contract but rather is fulfilling a requirement of it.


Last edited by CentralCali on Sat Sep 08, 2007 4:25 am; edited 1 time in total
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Miles Rationis



Joined: 08 May 2007
Location: Just Say No To Korea!

PostPosted: Sat Sep 08, 2007 4:03 am    Post subject: Re: Need to break contract due to family emergency- but how? Reply with quote

Dutchboy12 wrote:
My grandfather fell ill and to be fair to my employer I have given them three months notice, but my employer says my reason for quitting isn't valid. My reason I thought was quite valid. My grandfather is sick and may not make it through Christmas. They said Grandparents aren't immediate family, so I can only go if I find my own replacement!

My contract doesn't mention anything about family members being sick. What is the labour boards take on this?

The only other out would be leaving due to personal illness, but would need to find a doctor who would be willing to prove this.

Last option would be to run, but I don't want to do that. However if worse comes to worse, do I absolutely need a letter of release, and how long do I have to wait before returning to Korea? I've heard conflicting information about the length of time.

-Does it blacklist me with Immigration or only that particular school I worked for?

-Do I need an LOR to get a job with EPIK? I've heard you don't! Can anyone verify this?

Thanks!


Midnight run...all night, midnight run, all night, midnight run...
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Fresh Prince



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

PostPosted: Sat Sep 08, 2007 4:30 am    Post subject: Reply with quote

Although some hokwons would like to consider us as slaves, we aren't and are free to leave at any time. In light of their unwillingness to work with you, why not cut your notice down to a month instead of three months?
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huck



Joined: 19 Jan 2003

PostPosted: Sat Sep 08, 2007 4:53 am    Post subject: Reply with quote

Doesn't your contract say something about giving them sufficient notice if you choose to leave your contract early?

If not, then leave with a clear conscience, knowing you tried to do the right thing. If you want to come back to Korea after awhile, just make sure your year visa has expired and you'll have no problems...

And if they still refuse to accept your generous offer of 3 months warning, then just call in sick on payday and take the money and run.

sorry to hear about your grandfather...
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Atavistic



Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.

PostPosted: Sat Sep 08, 2007 5:29 am    Post subject: Reply with quote

Sorry to hear about your grandfather. My US public school district DID count grandparents as family, which made my life easier when one of my grandfathers died (yes, four, ah the joys of blended families!). (Actually, being willing to miss his funeral because we had standardized testing that week made my principal very happy. Instead I went the following week and spent time with grandma.)

I really hope he recovers or goes without much pain.
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toddswift



Joined: 26 Jan 2007
Location: Seoul

PostPosted: Sat Sep 08, 2007 6:05 am    Post subject: Reply with quote

korea will be here for a long time, leave A.S.A.P. The time you spend with your grandpa will be gold. If you don't, you will regret it for the rest of your life. Get your head on straight, family is everything, korea is just a little hot dog stand that you can always find work at.
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jaganath69



Joined: 17 Jul 2003

PostPosted: Sat Sep 08, 2007 6:26 am    Post subject: Reply with quote

VirginIslander wrote:
Quote:
Immediate Family: A term that is generally used to refer to the smallest unit of a family that an individual lives with, which usually includes a father, a mother and siblings.

You signed the contract and now you have to stick to it, same as your employer.


I hope you die alone.


Of colon cancer. Soon. Sh1tting blood. Seriously, your boss is an arse and contracts here aren't worth the paper they are written on. Go and come back if you need to.
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sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Sat Sep 08, 2007 6:31 am    Post subject: Reply with quote

Is it considered a runner if he/she has to leave ASAP due to his/her grandfather passing on right now? (I know this harsh to say and I apologize, but necessary to ask the question)


I am in a predicament too with my mother as you can see in a post I made about 13 hours ago or Saturday morning, Korea time.

It can be argued to death on whether to stay or go when your grandfather or mother is in an ICU with the doctors saying a grim and dismal prognosis. Despite a grim prognosis, the patient can live many more months or be gone right now, it's hard to say and a very emotional situation to say the least.

I am not giving notice that I am quitting in 3 months like the OP since my contract is up in 3 1/2 months, but I may need a week to go home any time now. The emotional need to spend time with a dying immediate family member is a real dilemma. It makes me ambivalent on account of the fact it opens me up to complete financial failure and absolute crisis. It would be ideal to have the money to do what my heart feels such as going home to be with my mother, but I don't expect my relatives to help me since everyone is expected to pull their own weight. And if they do such as letting you stay on a couch, it will probably turn ugly in no time flat.

Of course, if your not blacklisted at Korean immigration, you can then come back to Korea, that is, if you have start up money such as for airfare and making it to your first pay day.

While you're still in Korea, you have many issues such as how the hagwon will work with you for 1 week of family medical emergency leave and then the visa re-entry thing and then you might not be completing your contract by missing that week and well, the list of problems goes on and on... Not to be negative, I don't either know how to help the OP or myself and others who are facing a downturn matter of circumstance like this. It's one of life's hardest dilemmas that no one wants, but is forced on us a few times during our lives. It's just tough if money, time, and distance present critical problems. Of course, often someone who does have money takes care of necessary matters to ease the strain and stress on the surviving loved ones, but unfortunately that is not always the case. Life is tough everyday, but crazy difficult at certain times which runs in cycles of about having a major crisis every 5 years and then when I am just recovering, something else serious happens such as job loss. law suit, or family death.
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