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tianisaurus Guest
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Posted: Wed Oct 31, 2007 12:08 am Post subject: Nothin' to see here. |
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Thanks for the "helpful" comments.
Last edited by tianisaurus on Wed Oct 31, 2007 3:42 am; edited 1 time in total |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Oct 31, 2007 12:22 am Post subject: |
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You might want to skedaddle before the boss gets it into his head to report you to Immigration for working illegally. Deportation is the final outcome of that. In between that and the deportation you may be detained and fined. When you tell the Korean government that you don't have the money for the fine, they'll tell you to get it from your family. I'll give you one guess what their response will be when you tell them your family doesn't have the money either.
You've been here for nine months and you've heard nothing of the illegal teachers getting arrested? Well, let me be the first to tell you that those of us here legally have to jump through ridiculous hoops now because of you and the other illegal teachers.
Yeah, it's rough that you lost whatever you had back in California. For that you do have my sympathy. I hope you manage to get back there without the legal troubles that you might have here. For getting stiffed by the boss on your illegal earnings, no sympathy at all. |
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Unposter
Joined: 04 Jun 2006
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Posted: Wed Oct 31, 2007 12:29 am Post subject: |
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Umm, I don't think you have any rights. If you want restitution (sp?) here, you might have to take things into your own hands if you know what I mean. Good luck and becarefull.
If I were you, I would just go home and chalk this one up to experience and move on.
Best of luck to you...sorry about your loss. |
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nomad-ish

Joined: 08 Oct 2007 Location: On the bottom of the food chain
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Posted: Wed Oct 31, 2007 12:31 am Post subject: |
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i'd get out of the country asap. don't even bother staying until your 2wks notice is up. don't even tell him when u are leaving, if he presses, lie and say a week later.
immigration is going all out recently trying to find illegal teachers, and quite frankly, your boss can do whatever he wants to u at this point. u worked for 9 months illegally, without any degree, not getting paid for 1 month of that time, isn't important (when compared to the possibility of being both fined and detained in korea) |
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tianisaurus Guest
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Posted: Wed Oct 31, 2007 12:36 am Post subject: |
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Thanks for the responses. I just wanted to see if there was anything I could do to get paid. |
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Pak Yu Man

Joined: 02 Jun 2005 Location: The Ida galaxy
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Posted: Wed Oct 31, 2007 2:08 am Post subject: |
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Steal money. Oh you meant something legal. You're not a legal teacher so why should the boss pay you? Bend over and smile. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Oct 31, 2007 2:28 am Post subject: |
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Legally, the fine will be higher than the lost wages. It will be an uphill battle that could takes months to resolve at labor and you may not win anyway since you were not legally entitled to work.
Jump on a plane at your convenience.
I hope you had multiple C3s (they are only good for 3 months each and you have been here for 9 months?) or you will also be in an overstay position and subject to delays and fines when you try to leave.
. |
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ChopChaeJoe
Joined: 05 Mar 2006 Location: Seoul
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Posted: Wed Oct 31, 2007 3:25 am Post subject: |
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Wottan idiot. |
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jlb
Joined: 18 Sep 2003
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Posted: Wed Oct 31, 2007 3:31 am Post subject: |
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It seems to me that if you're working illegally, then you probably wouldn't have much legal recourse if things go wrong. Common sense? |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Oct 31, 2007 5:01 am Post subject: Re: Nothin' to see here. |
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tianisaurus wrote: |
Thanks for the "helpful" comments. |
Oh, no, lady. That's not going to fly tonight.
For those of you who missed the OP, she complained about her employer not paying her for the last month's work. She's been working for nine months as an English teacher but she's on a C-series visa and is not a university graduate. She came here to be with her boyfriend, who, BTW, happens to have a legitimate degree and the appropriate visa (according to her). She wanted to know what her legal options are to force the employer to pay her what's owed to her.
tianisaurus, you did get helpful comments. Too bad you don't appreciate that simple fact. Four of us gave you the best advice you've gotten so far: leave and leave soon. One person asked why you, a law-breaker, should expect another person to not be a law-breaker. Another person advised you that the fines you could face are greater than the amount probably due you. One person expressed his opinion of you. Yet another made an oblique comment about your common sense.
Your response to all of this was to edit out your OP and replace it with a snide comment about the caliber of the advice. Well, here's the best advice you'll ever get in your life: DO NOT GO TO A FOREIGN COUNTRY TO BREAK THEIR LAWS!
The selfishness and greed of people exactly like you are causing serious problems for those of us here with real diplomas and valid visas for our employment.
You stated above:
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I just wanted to see if there was anything I could do to get paid. |
Well, here's the unvarnished answer: Yes, there is. And here are the steps:
1. Return to your country, either before or after you get arrested, detained, and fined. At this point, I no longer care if you avoid the detention scenario.
2. Graduate from university.
3. Apply for a job, get accepted, get the appropriate visa, and come here honestly. That is, if they'll have you after your criminal record here.
I don't remember the last time I've said this to anyone, but now seems like a good time and you seem like the perfect candidate to say it to: It's time for you to grow up. It's sad but it's true, some people need to do a stint in jail to gain some maturity. You just may get that very chance--in a foreign jail, at that. You'll also discover that your country's embassy can do little, if anything at all, to assist you with your legal problems (arrest, detention before trial, trial, imprisonment, fines, lawyer's fees) overseas. |
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rockstarsmooth

Joined: 01 Aug 2006 Location: anyang, baybee!
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Posted: Wed Oct 31, 2007 6:36 am Post subject: |
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well said, centralcali.
you said exactly everything that needed to be said on the topic.
i hope the op is paying attention.
rss
right now i'm listening to: peter laughner - lullaby |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Oct 31, 2007 7:33 am Post subject: |
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Thanks. Honestly, I'm surprised I remained polite all the way through that last post.
Apparently the OP doesn't appreciate being called a criminal. Truth hurts sometimes. She wanted a silver bullet answer for how to get the money she thinks she deserves. The fact of the matter is the law says she deserves something else. Were I a cruel man, I would've suggested she go to the Prosecutor's Office herself and discuss the legal questions there.
I don't care about her problems with the law or lack of payment. I just hope she manages to bail out of the country without becoming yet another blip on the illegal foreign teacher radar. We don't need another one in the news tarnishing the reputation of us legal teachers.
right now i'm listening to: Janice Kapp Perry & Orrin G. Hatch - No Empty Chairs |
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sconner
Joined: 26 Jan 2006 Location: South Carolina
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Posted: Wed Oct 31, 2007 8:13 am Post subject: |
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There is a problem with fake degrees, but regardless of that her employer knew her situation and used it for profit. Having her work a month and then not paying her is wrong. This happens too much with legal teachers as it is. She held up her end of the bargain and worked, she should get paid for that time. Her employer is just as wrong if not more so. And she will probably try this with the next foreigner regardless of whether they have a degree or not. The system needs to be changed. SHe shouldn''t have been working illegally, but she was and her boss hasn't had a problem with that for nine months. |
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Hyeon Een

Joined: 24 Jun 2005
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Posted: Wed Oct 31, 2007 9:19 am Post subject: |
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I may be wrong with the legalities (please, correct me if I am) but even though she was working illegally I believe she is still entitled to her salary.
The rules I'm referring to mainly apply to the 3D workers who get used and abused way more than illegal English teachers, however I believe she's still entitled to her salary by law. The same laws apply to everyone whether they be factory worker or 'English teacher' or both.
Any fines she may have accrued might be higher than the salary owed her (As I think Ttompatz implied). At the same time, her employer may have responsibility for those fines for knowingly employing her without the proper visa.
In the current climate, she probably has little hope without a law suit lasting a year or two, and so probably not worth it. But if the case is as I guess it is (:she didn't get paid for working in a hagwan) she is entitled to her salary. But it won't be worth her trying to get it.
The laws I'm referring to were mostly enacted to protect DDD workers rather than English teachers, but still apply.
PS I didn't read the OP, only the replies. I'm assuming she's an illegal teacher who's been screwed by her boss despite her fulfilling the job duties. If she was raping and molesting students her rights might have been forfeited.
In the end, she can legally demand the money owed, but it isn't worth it. |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Wed Oct 31, 2007 5:22 pm Post subject: |
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sconner wrote: |
There is a problem with fake degrees, but regardless of that her employer knew her situation and used it for profit. Having her work a month and then not paying her is wrong. |
The solution is to not put oneself into a postition where one could be so taken advantage of.
Hyeon Een wrote: |
I may be wrong with the legalities (please, correct me if I am) but even though she was working illegally I believe she is still entitled to her salary. |
Yes, she is, but the fines for working illegally can be as high as 5 million. If she went to labor to file a compaint for her salary, Immigration would just make sure the fine is greater than the money she is owed, THEN boot her from Korea (on her own dime) with a do-not-return note on her file. |
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