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Omni
Joined: 17 Jul 2007
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 Posted: Mon Sep 10, 2007 5:46 pm Post subject: Am I fired or did I quit |
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Hi, last week I give my employer the 5 weeks notice required in my contract. Today he has informed me that he wants me to leave at the end of this month (September). My contract also states he has to give me 5 weeks notice in firing me, it also says he can only do this if I break the contact. By me giving notice first does that mean he can let me go sooner? or is this firing me, and if so does that mean I am entitled to severance pay?
Another thing is he didn't sign my resignation. Does that mean it is not even valid? I have witnesses that saw me give it to him.
Just want to know my rights. Thanks |
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unknown9398
Joined: 03 Nov 2006
Location: Yeongcheon, S. Korea
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| Posted: Mon Sep 10, 2007 6:03 pm Post subject: Re: Am I fired or did I quit |
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| Omni wrote: |
Hi, last week I give my employer the 5 weeks notice required in my contract. Today he has informed me that he wants me to leave at the end of this month (September). My contract also states he has to give me 5 weeks notice in firing me, it also says he can only do this if I break the contact. By me giving notice first does that mean he can let me go sooner? or is this firing me, and if so does that mean I am entitled to severance pay?
Another thing is he didn't sign my resignation. Does that mean it is not even valid? I have witnesses that saw me give it to him.
Just want to know my rights. Thanks |
IMHO, no, you weren't fired. You resigned, and at that point, he is within his rights to dismiss you earlier, as he is no longer bound by the 5-week firing notice provision. You aren't entitled to severance, because you resigned. It is not necessary for him to sign your resignation letter. You signed it, and that's the only signature required. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Mon Sep 10, 2007 6:04 pm Post subject: |
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| Contact the labour board immediately...they will talk to your employer and set them straight. Your employer is counting on you not doing this. Also, you should have given your employer a written letter of resignation and have them sign it...two copies one for them and one for you. |
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Omni
Joined: 17 Jul 2007
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| Posted: Mon Sep 10, 2007 6:26 pm Post subject: to make things clearer |
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| I also didn't sign my resignation. I presented it to him and was told, he would look over it and give me his answer tomorrow. I told him this was not his decision, and I needed his signature, but he still would not and asked me to leave his office. He has already been aggressive to me before and I didn't want to push it. |
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sadsac
Joined: 22 Dec 2003
Location: Gwangwang
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| Posted: Mon Sep 10, 2007 6:42 pm Post subject: |
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When the tme comes, pack up and go. You have already mentioned that your employer has dispalyed an aggressive attitude. Better to be rid of the place.  |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Mon Sep 10, 2007 7:23 pm Post subject: |
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| Send it to him by certified mail. If your contract says 5 weeks he has to employ and pay you up to that time. Next step for him is to fire you for an trumped up reason and deny/deduct all kind of money from your final pay. CONTACT LABOR NOW.... |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Mon Sep 10, 2007 7:42 pm Post subject: |
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| Once you give notice, the boss can tell you to get lost any time he wants. YOU have to abide by contracted notice, but he doesn't have to let you work the entire notice period. If I found a new teacher quickly, I'd kick you gone too. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon Sep 10, 2007 8:12 pm Post subject: Re: Am I fired or did I quit |
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| unknown9398 wrote: |
| IMHO, no, you weren't fired. You resigned, and at that point, he is within his rights to dismiss you earlier, as he is no longer bound by the 5-week firing notice provision. |
This couldn't be more wrong. The employee availed himself/herself of a particular clause in the contract between said employee and employer. Abiding by said clause, the aforementioned employee provided the agreed-upon timely notice of cessation of employment to employer. The employer cannot abandon the provisions of the contract and then fire the employee on a whim. If the boss manages to find someone to start working before the required notice period has expired, he must "make up the difference" by paying you for the remainder of the notice or he must keep you in his employ.
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| You aren't entitled to severance, because you resigned. |
Correct. Provided, of couse, that the contract was not for greater than a year, the employee did not work for a year or longer on that contract.
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| It is not necessary for him to sign your resignation letter. You signed it, and that's the only signature required. |
Also correct. The signed letter is proof of the employee's decision. |
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Omni
Joined: 17 Jul 2007
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| Posted: Mon Sep 10, 2007 8:58 pm Post subject: |
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| OK I'm tring to ring the labor board but am getting the run around. Anyone know the number. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Mon Sep 10, 2007 9:06 pm Post subject: |
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Do a search it's been mentioned here on MANY occasions.  |
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Juregen
Joined: 30 May 2006
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| Posted: Mon Sep 10, 2007 10:04 pm Post subject: Re: Am I fired or did I quit |
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| unknown9398 wrote: |
IMHO, no, you weren't fired. You resigned, and at that point, he is within his rights to dismiss you earlier, as he is no longer bound by the 5-week firing notice provision. You aren't entitled to severance, because you resigned. It is not necessary for him to sign your resignation letter. You signed it, and that's the only signature required. |
He might be let go earlier, but he certainly has to get paid for 5 weeks. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Mon Sep 10, 2007 11:11 pm Post subject: Re: Am I fired or did I quit |
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| Juregen wrote: |
| He might be let go earlier, but he certainly has to get paid for 5 weeks. |
That's not how Labor will see it, I'm sure. "You quit, but still want to get paid?  "
I would be VERY surprised if Labor tried forcing the school to pay money to a teacher who quit. |
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koon_taung_daeng
Joined: 28 Jan 2007
Location: south korea
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| Posted: Mon Sep 10, 2007 11:12 pm Post subject: |
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| I would wait until pay day to even mention to him that i was quitting. then i would have a letter of release ready dated for the end of the 5 weeks notice Also an agreement on paper that says he will keep me on for the 5 weeks that i gave him notice. If he didn't sign all of these things i would tell him i'm leaving that day then go back and damage up the apt. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Mon Sep 10, 2007 11:19 pm Post subject: |
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| koon_taung_daeng wrote: |
| If he didn't sign all of these things i would tell him i'm leaving that day then go back and damage up the apt. |
Very mature. "I'm quitting and he won't agree to my exit strategy. Well, *beep* him!"
If I were him and you left that day, I would MAKE SURE you left the apartment immediately (you gave no resignation notice, so you get no eviction notice), escorted out if necessary, and report you to Immigration as a runner the next day. Korean bosses aren't that smart though. |
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unknown9398
Joined: 03 Nov 2006
Location: Yeongcheon, S. Korea
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| Posted: Tue Sep 11, 2007 1:39 am Post subject: Re: Am I fired or did I quit |
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| CentralCali wrote: |
| The employee availed himself/herself of a particular clause in the contract between said employee and employer. Abiding by said clause, the aforementioned employee provided the agreed-upon timely notice of cessation of employment to employer. The employer cannot abandon the provisions of the contract and then fire the employee on a whim. If the boss manages to find someone to start working before the required notice period has expired, he must "make up the difference" by paying you for the remainder of the notice or he must keep you in his employ. |
I guess that's the difference between an "at-will" employee and a contracted employee. Is that why they're treated differently? Also, are you a lawyer? Because you sure sound like one...    |
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